Does a Father w/a very recent crim. record including 2 DUI's & a fel. pot charge get child visitation by judge

Question

I guess I should've incl. more. Unfortunately we are still living w/him. I got laid-off & am interviewing & looking for jobs currently. I will get a job soon. He's a grade-A loser, (yes, I know, I had a child w/him, but like many situations, this didn't 'rear it's ugly head' until the last 2 yrs. approx.). He's mentally/emotionally abusive, has barely had anything to do w/our child since she's been born, never been to ONE dr's appt., hospital visit/(ear-infections, stomach-flu's, etc.), he's done hard drug's I for sure since she was born, doesn't admit to it, but I know for a fact he has, I'm sure a hair-test, if necessary would show a TON of thing's, I dont' drink, (haven't in yrs.) and def. don't do drugs. He's currently on prob. for speeding w/mar. in his car. Has been pulled-over approx. 2 times on a susp. lic. 2 DUI's in 1 wk. 3 yrs. ago too that he skpped bond on in another state, (his prob. is incl. that too w/the mar. charge). He's threating this just to spite-me.

Answer 1

Given his issues with drug abuse, he would have a hard time getting unsupervised visitation.  Your attorney should request that he take a hair follicle test.  And yes, criminal backgrounds do play a role in child custody.  If you're clean and not using drugs/alcohol and are taking care of your little girl, you shouldn't have anything to worry about.

Answer 2

I would hope NOT unsupervised! He may end up killing the child, while driving drunk, or under the influence of drugs.

If I were the judge, and I am a hard@$$, I would say maybe once or twice a week, at a neutral location, with the mother there to supervise.

It's easy to produce a baby, but it is much harder to be a responsible dad, and when a child's life is on the line you need to grow up and wise up.

Answer 3

Don't know exactly what you're asking.... If you mean a recently DIVORCED father with a recent rap sheet who is going through a custody battle... then yea! You bet your sweet a** that the judge is going to look at that (and logically so, I would say).

I don't know that much about it, but my bet would be that the 'Dad' would get very limited, supervised visitation rights or something similar. Thats my guess.

Answer 4

It depends on the person and the custody agreement he and the child's mother agreed to, but he would probably only get supervised visits until he completes a court-ordered alcohol/drug rehab program.

I'm sure the judge will grant supervised visits in the interim and call another hearing in a few months. At the next hearing, if the father has completed all the requirements and themother doesn't object, the judge can decide to grant unsupervised visits. Or not. A lot depends on the father, his attitude, the custody agreement, and how hard he's willing to work to get said visits.

Answer 5

If none of his crimes involve children you should be fine seeing as you would be his child. But, he may have a problem working in school districts and things like that because he has a criminal record at all.

Answer 6

Probably.  Unless they can prove his criminal history involves endangering a child or abuse nothing with visitation will really change.

Answer 7

he will probably get visitation rights.  (supervised for awhile) but i dont know for sure

Answer 8

Yes. My BF has a record and he sees his kids 3 days a week per the court. (1 DUI, 1 assault charge, 1 burglary, 1 possession of stolen goods)

Answer 9

He may. Because he has a record, doesn't mean he automatically loses his parental rights. It really depends on the judge tho.

Answer 10

He probably doesn't because he is male.

I do know a guy whose wife got to have their kids every weekend after two convictions of child abuse against their kids.  The judge even made him pay child support so that she could "buy them clothes" while she abused them on the weekends.

Here is an example of the kind of things happening in family courtrooms.

http://www.youtube.com/watch?v=ekKYuHyB-...

Answer 11

thankfully not.

in england anyway, (i imagine its similar in USA if not even stricter) its judge's discretion. there is no hard and fast rule

Answer 12

yes as long as its not a sexual crime or you can prove that it would harm or corrupt your children by being around him.

Answer 13

I really don't think so because you would be a danger to the child in the courts eye. so if they do they would probably have your visitation supervised. in other words someone will be sitting there with you and your child. someone from the courts.  they are strict about children nowadays.