Absent parent convicted of murder

[creativename]

What is the name of your state?Maryland

My thirteen year old daughter's father (my ex husband) was released from prison yesterday where he served an eight year sentence for murder (and other charges). He opted to serve his parole in the state of maryland until april of 09 instead of going back to Florida where his family lives. When we were divorced he was granted every other weekend and one night during the week. He never took advantage of that nor has he ever paid child support. He visited her twice when she was eight months old and once when she was a year and a half. He recently contacted me and wants his visitation. I'm going today to file for a temp. interim order and for full custoday with no visitation. What are my chances?

 

[rmet4nzkx]

You will find out when you file. The fact that you have known he was in prison, allowed visitation prior to that and failed to take any action to terminate parental rights, shows you had no fear for the child's safety until now. While you may have grounds to terminate parental rights, until the judge makes a new order, the previous order stands. The court will consider the matter according to the laws of your state.

Statute: §§ 5-313; 5-525.1(b)(1)

Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Failure to Establish Paternity

Md. Code Ann. Fam. Law § 5-313(a), (b) (West, WESTLAW through 2003 Reg. Sess.)

 

[all4daddysgirl]

What is the name of your state?Maryland

My thirteen year old daughter's father (my ex husband) was released from prison yesterday where he served an eight year sentence for murder (and other charges). He opted to serve his parole in the state of maryland until april of 09 instead of going back to Florida where his family lives. When we were divorced he was granted every other weekend and one night during the week. He never took advantage of that nor has he ever paid child support. He visited her twice when she was eight months old and once when she was a year and a half. He recently contacted me and wants his visitation. I'm going today to file for a temp. interim order and for full custoday with no visitation. What are my chances?

Eight years for murder, that is pathetic!

 

[rmet4nzkx]

Eight years for murder, that is pathetic!

We don't know the facts of the case.

 

[MinCA]

If it's murder, I doubt it was self-defense. Making eight years pathetic since the dead person is gone for good.

What does your daughter have to say? You may not want Big Daddy around, but she may want to get to know him.

 

[creativename]

When I say he visited her as a baby it was in a supervised setting. Three whole visits. He called me when she was four years old and wanted to know if i was going to marry my fiance at that time so he could sign his rights over. By that time he had two more children that he couldn't keep up with. I haven't heard from him since that call. I guess i assumed that he'd just stay away..yep..assumed...we all know where that gets us. I only found out a few months ago that he was in prison and found out just a week ago that he was being released and wanted to see her. My daughter is aware of the situation and doesnt want to have to go with him but wants to meet him and keep some kind of contact with him. I realize that's something I will have to continue to deal with even if the courts take away his visitation.

Murder 1, murder2, reckless endangerment and armed robbery. From what I understand it was a drug deal gone wrong.

 

[LdiJ]

You will find out when you file. The fact that you have known he was in prison, allowed visitation prior to that and failed to take any action to terminate parental rights, shows you had no fear for the child's safety until now. While you may have grounds to terminate parental rights, until the judge makes a new order, the previous order stands. The court will consider the matter according to the laws of your state.

Statute: §§ 5-313; 5-525.1(b)(1)

Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Failure to Establish Paternity

Md. Code Ann. Fam. Law § 5-313(a), (b) (West, WESTLAW through 2003 Reg. Sess.)

Ok...I have avoided responding to your posts but that has to be the most ridiculous answer I have ever seen given on these boards.

This man was in jail for MURDER. The average, ordinary parent who is NOT a professional dealing with legal issues regarding custody and visitation would naturally not expect "dad" to have any rights given a situation like that.

Whats more...a judge would realize that FULL WELL...nor would a judge see it in any way "contemptible" if a parent denied visitation to another parent who had just been paroled after serving a sentence for MURDER.

After a "due process" hearing its possible that a judge would give dad some limited form of visitation rights...MAYBE...however suggesting to mom that she has to obey orders that were written prior to dad being charged and convicted for murder...and that is was somehow mom's "fault" for not getting those orders changed is simply gratuitious as far as I am concerned.

There is NO WAY IN HECK that any parent is going to be in any kind of trouble for denying visitation to a parent based on visitation orders that were written PRIOR to that parent being charged, convicted and sentenced for murder....whether or NOT that parent realized that they needed to go back to court to get the orders changed. To suggest otherwise is completely irresponsible advice.

 

[rmet4nzkx]

Ok...I have avoided responding to your posts but that has to be the most ridiculous answer I have ever seen given on these boards.

This man was in jail for MURDER. The average, ordinary parent who is NOT a professional dealing with legal issues regarding custody and visitation would naturally not expect "dad" to have any rights given a situation like that.

Whats more...a judge would realize that FULL WELL...nor would a judge see it in any way "contemptible" if a parent denied visitation to another parent who had just been paroled after serving a sentence for MURDER.

After a "due process" hearing its possible that a judge would give dad some limited form of visitation rights...MAYBE...however suggesting to mom that she has to obey orders that were written prior to dad being charged and convicted for murder...and that is was somehow mom's "fault" for not getting those orders changed is simply gratuitious as far as I am concerned.

There is NO WAY IN HECK that any parent is going to be in any kind of trouble for denying visitation to a parent based on visitation orders that were written PRIOR to that parent being charged, convicted and sentenced for murder....whether or NOT that parent realized that they needed to go back to court to get the orders changed. To suggest otherwise is completely irresponsible advice.

The advice was based on the law which was cited and the facts in OP's original post. OP was planning on going to court, we can't say how the judge will rule because we don't know the facts of the case. From subsequent post apparently the previous visitation order was supervised and the daughter is aware of the father's past and wants to visit. We are not here judging the father's parole risk or to speculate how a judge might rule.