Fighting Back After Visitation Order
I have full custody of my 4-year-old child in North Carolina. Her biological father has set visitation and, unfortunately, got everything he asked for. He has a criminal record as a juvenile that would help me in cutting his visitation to less amount or completely out. But he tells me his records are sealed and there is no mention of it on his record anymore. I am needing help on how to find out if his record can be unsealed. This would be a felony conviction and I'm almost certain he pleaded guilty to get the matter resolved. Any help would be greatly appreciated. PLEASE....
Re: Fighting Back After Visitation Order
You can't assume that having a juvenile record (even a felony) will make any difference. If you determined that he was "fit enough" for you to have the child with then, it's not likely going to be influential for custody now.
Juvenile records, even sealed ones, ARE typically available to certain officials later in adult life, including courts - HOWEVER, typically only in evaluating sentencing in CRIMINAL cases, not in family law cases. You should check with a local attorney to see if any exceptions are noted.
Re: Fighting Back After Visitation Order
Quote:
Quoting
mygirls02medic
I have full custody of my 4-year-old child in North Carolina. Her biological father has set visitation and, unfortunately, got everything he asked for. He has a criminal record as a juvenile that would help me in cutting his visitation to less amount or completely out. But he tells me his records are sealed and there is no mention of it on his record anymore. I am needing help on how to find out if his record can be unsealed. This would be a felony conviction and I'm almost certain he pleaded guilty to get the matter resolved. Any help would be greatly appreciated. PLEASE....
Can you PROVE that the father presents a PRESENT danger to his child?
If not, your case will most likely be very weak because what the father did as a juvenile almost certainly won't matter now.
The only exception to this would be if he committed murder, or a sex offense. In either case, the records wouldn't be sealed. All sex offenders, even if the offense was committed as a minor, must register as a sex offender.
Re: Fighting Back After Visitation Order
Thanks for the reply. It is my understanding that he was charged with Statutory Rape. He came clean about this to me quite a while back. He stated that the records were "gone", not necessarily sealed, since he was a minor. How would I go about finding out if there are records of this? This charge/conviction would be probably 12-15 years ago though.
Re: Fighting Back After Visitation Order