Ex-con's visitation rights

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  • Ex-con's visitation rights

    What rights, if any, would an ex-felon, recently released from prison, have for visiting his child who's been placed in protective custody, i.e. orphanage or foster care. Would he have to get a lawyer to have is rights reinstated? I'd imagine custody would be out of the question????

    Any leads or suggestions are appreciated.

  • #2
    Re: Ex-con's visitation rights

    he would probably have to get a lawyer but "recently" released parents would have no rights. the rights of criminals dissipate over time like bankruptcy does to your credit. the length of their probationary period is also a factor.

    but also there is a difference between visitation rights, supervised visitation rights, and regaining custody.

    also what matters if while in prison he signed papers releasing his rights. this is a voluntary agreement that would be difficult to overturn.

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    • #3
      Re: Ex-con's visitation rights

      Originally posted by bioprofessor View Post
      What rights, if any, would an ex-felon, recently released from prison, have for visiting his child who's been placed in protective custody, i.e. orphanage or foster care. Would he have to get a lawyer to have is rights reinstated? I'd imagine custody would be out of the question????

      Any leads or suggestions are appreciated.
      Depends entirely on the circumstances and the state. I have a friend who has custody of her grandchild while the father was in prison for drugs (and still has custody now that he's out). After release, he had supervised visits, then unsupervised after time. You might want to give your state's version of Child Protective Services a call. That kind of stuff filters through them.
      If you have someone on the set for the hair, why would you not have someone for the words?
      Louis Malle

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      • #4
        Re: Ex-con's visitation rights

        Originally posted by thatwritergirl View Post
        Depends entirely on the circumstances and the state. I have a friend who has custody of her grandchild while the father was in prison for drugs (and still has custody now that he's out). After release, he had supervised visits, then unsupervised after time. You might want to give your state's version of Child Protective Services a call. That kind of stuff filters through them.
        Thanks. I think I'll go the supervised rights route. What complicates matters (for the good, when it comes to my story) is the conflict between Native law and US law concerning custody and visitation rights of tribal children. That's a whole other story to write.

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        • #5
          Re: Ex-con's visitation rights

          Originally posted by bioprofessor View Post
          What rights, if any, would an ex-felon, recently released from prison, have for visiting his child who's been placed in protective custody, i.e. orphanage or foster care. Would he have to get a lawyer to have is rights reinstated? I'd imagine custody would be out of the question????

          Any leads or suggestions are appreciated.
          Bio... pm me and I can give you an answer that suits your case. There are lots of variations on this theme but even if the felony is the result of sexually abusing his own child, believe it or not there can be and often are visitation rights to help the child heal, as children typically need to resolve these issues with a parent in a therapeutic setting.

          Also, whomever said that it varies from state to state is correct, but I think you will find some consistency as just because someone is a felon does not preclude them from seeing their child or from regaining custody of their child. And yes, children with ties to Native American tribes present cases with additional concerns; I just dealt with this very issue. If you have access to online legal research check the Federal Indian Child Welfare Act of 1978 US Code Volume 25 Section 1912... if not, let me know and I'll help you.

          Know too, as mentioned earlier, there are different kinds of visitation that can range from unsupervised to supervised to visitation only in a threapeutic setting.

          A lawyer could help petition for custody/visitation or the parent could do it on his own. It will be a case by case basis where the court will often look to the best interests of the child (the child in many states will have his/her own court appointed attorney, too), and the parent may have to complete certain services before the court deems them eligible to regain custody if the child is in foster care (often the result of a parent abusing his/her own child, so once again ... is this the felony, or is the felony simply a forgery-type conviction which has little to do with his parent/child relationship?)

          But once again, cutting off all visitation, at least where I am, is incredibly rare - even in the worst scenarios where you think the parent should be relieved of certain of his own body parts for what he's done to the child.

          Tell me more about your situation if you want and I can give you more info.
          Last edited by tucsonray; 03-16-2010, 10:17 AM.
          Seven years dungeon --- no trials!

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