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Father Now In Prison - My Rights?

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  • 02-27-2008, 01:18 PM
    protective-mom
    Father Now In Prison - My Rights?
    My ex-husband went to jail on Friday on 4 counts of child pornography. He had in his possession (according to the prosecution) over 2000 images. He and his family denied his guilt for the last 2 years while the trial was commencing (ie being continued). He finally pled guilty to 4 of the 24 counts against him and was sentenced to 3 years in prison, 3 years probation, and 25 years of reporting as a tier 2 sexual predator.

    We share 3 daughters, 18, 16, and 12 and live in Ohio.

    His family has since sent our eldest daughter an e-mail letter stating that she and the rest of the family have known all along that he was guilty, but didn't tell them because they didn't want to stress them out.

    My daughters want nothing to do with him. I even thought it might be good for them to have a visitation with him in order to get some closure. All three of them, separately approached, said they had nothing to say to him.

    He has been a nightmare to deal with over the last 10 years since our separation and then divorce. He had primary custody through an agreement in our dissolution. I was to have every weekend, but his lawyer said we were already doing more than rule 27, so he was just put that in the paperwork. Yeah, I know... only a fool represents herself. He pulled rule 27 on me almost as soon as the paperwork was dry.

    Then our 2 youngest were molested by their step-brother, and he fought for the step-brothers rights, blaming the girls. I took him to court for full custody. He still maintained primary custody, but it went to shared with week on/week off visitation. The agreement was that he would not allow the girls around their step-brother until all counselors agreed it was safe. He ignored that agreement.

    When his home was raided 2 years ago and he was arrested 2 months later I got emergency custody. He retained his visitation schedule with supervision. During this time he consistently broke his bond, being around minors, being with the girls unsupervised, and asking them to lie to cover it up.

    Back in August I got full custody and he got rule 27 visitation. His supervisors, however, were fed up and refused to continue working with him. I've pretty much had the girls full time since October.

    Then, like I said, he went to prison on Friday. We all pretty much heaved a sigh of relief. I expected the girls to be emotional, but they were more just glad it was all over.

    So now I'm wondering about several things...

    1. Can he force me to bring them to the prison for visitation?
    2. What are the chances that he will get visitation with the youngest when he gets out of prison in 3 years?
    3. Ohio law says that he has to pay child support on prison earnings. Is it worth mentioning to CSEA?
    4. How do I get the girls belongings

    Thanks for your input.
  • 02-27-2008, 01:21 PM
    seniorjudge
    Re: Father Now In Prison - My Rights?
    I'd be hiring a lawyer yesterday to terminate the pervert's parental rights.

    Don't ask for or expect child support.

    You need to get away from this child molester.
  • 02-27-2008, 01:25 PM
    protective-mom
    Re: Father Now In Prison - My Rights?
    I spoke with my lawyer and she didn't think that would be necessary because he was in prison. I agree... I'd like to get him as far away from them as possible.

    I'm wondering what would happen if I just moved out of state. His probation would not allow him to leave the state... which means my youngest will be 18 before he could get to her... I think???
  • 02-27-2008, 01:27 PM
    seniorjudge
    Re: Father Now In Prison - My Rights?
    I spoke with my lawyer and she didn't think that would be necessary because he was in prison. I agree... I'd like to get him as far away from them as possible.

    I disagree with your lawyer; your husband will only be gone 3 years. You need to have his parental rights terminated. Period. End of story. Even if.



    I'm wondering what would happen if I just moved out of state. His probation would not allow him to leave the state... which means my youngest will be 18 before he could get to her... I think???

    Your youngest will be 15 in three years.
  • 02-27-2008, 01:34 PM
    Dad2
    Re: Father Now In Prison - My Rights?
    Doesn't a sentencing of 3 years mean he could be out in a year or something like that?
    Keep an eye on his release date. Call the prison once a month, make sure he's still there. When he's released, that's when you get a restraining order.
    Ask, and receive child support. Scum or not, he needs to provide for the kids. Use it for something good. like college.
    Just my opinion though.
  • 02-27-2008, 01:54 PM
    seniorjudge
    Re: Father Now In Prison - My Rights?
    Quote:

    Quoting Dad2
    View Post
    Doesn't a sentencing of 3 years mean he could be out in a year or something like that?
    Keep an eye on his release date. Call the prison once a month, make sure he's still there. When he's released, that's when you get a restraining order.
    Ask, and receive child support. Scum or not, he needs to provide for the kids. Use it for something good. like college.
    Just my opinion though.

    If he's paying child support, then he may be able to see the kids (perhaps supervised).

    He shouldn't even be seeing his kids.
  • 02-27-2008, 01:55 PM
    Baystategirl
    Re: Father Now In Prison - My Rights?
    Quote:

    Quoting seniorjudge
    View Post
    I spoke with my lawyer and she didn't think that would be necessary because he was in prison. I agree... I'd like to get him as far away from them as possible.

    I disagree with your lawyer; your husband will only be gone 3 years. You need to have his parental rights terminated. Period. End of story. Even if.



    I'm wondering what would happen if I just moved out of state. His probation would not allow him to leave the state... which means my youngest will be 18 before he could get to her... I think???

    Your youngest will be 15 in three years.


    I totally agree...This POS rights NEED to be terminated. If something were to happen to you HE would get custody...Do you want that Protectivemom?
  • 02-28-2008, 03:49 AM
    protective-mom
    Re: Father Now In Prison - My Rights?
    WOW! Thanks BayStateGirl! I hadn't even thought of that. I'll call my lawyer back right away.

    As for my youngests age, I was thinking 3 years in jail, then 3 years probation, which usually means you can't leave the state.

    Thanks everyone for your input.

    Tina
  • 02-28-2008, 07:10 PM
    protective-mom
    Re: Father Now In Prison - My Rights?
    No one has addressed the issue of how to get the girls belongings. They have a lot of things that are important to them, that I'm sure his family is planning to put into storage. Any ideas?
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