Can a convicted felon receive custody?

[Stephie10131]

I live in Illinois and the father of my 13 month old daughter was convicted of 2 felonies (burglary and residential burglary) when she was one month old. He will be released in December of this year after serving about 15 months and is threatening to file for custody of our daughter. Many people have told me that convicted felons cannot gain custody or visitation of a child. He is not on her birth certificate either. Which brings me to my next question- do i have to go to court to give him a paternity test? Again many people have told me that he can not request a paternity test without my permission. Thanks for the help!

 

[Whyte Noise]

I don't know who these "many people" are, but I'd be willing to bet they are family and close friends that don't know much about how the laws work.

Burglary may be a felony, but it's not a violent felony, and there was no harm of a child mentioned in your post.. Therefore, he's more than likely going to get at least visitation when he gets out if he asks for it. Felons get visitation just like non-felons.

And again, those "many people" are wrong. He "can" request a paternity test. If you deny one, he can take you to court and the court can order you to comply.

Him getting custody at this point probably won't happen because he will just be getting out of prison. But yes indeed, he can file for it, he can fight for it, and he can fight for visitation to see his child.

 

[Stephie10131]

No there was no harm towards the child neither was their interest for the month that he was around. I'm sure that he will file for custody just to hurt me. However, can he file for custody or visitation or can he request a paternity test if he doesn't know where i live. Also he has threatened me since being in prison and i was advised by a police officer to get a restraining order including my daughter. Since he is not on the birth certificate i can get one but in doing so would i have to give him my address so that he knows where he can't go?

I normally wouldn't be running away and trying to take him away from her because i want nothing more than a father for her but her Bio-father isn't a very good person. I was 18 when i got pregnant by him and he was 22. I found out later that 4 other girls had got pregnant by him in the past and either had abortions or gave them up for adoption. I personally couldnt do either. BUt bottim line he was and may still be affiliated witha gang and he has told me in confidence that he killed 2 people. I know if i bring this up it will look like i'm lying to make him look bad and he'll deny it. I'm sorry if these are petty im 19 and not familiar with any laws concerning these issues

 

[Holly Golightly]

Mom - I gotta tell you, this isn't legal advice - but if I had a baby by a man who confessed to me he had killed TWO people, there would be no waiting around to find out if he sued me for custody of that baby.

Nobody would ever even see me leave. I'd just disappear, and end up someplace where nobody would think to look for me!

 

[Boxcarbill]

Mom - I gotta tell you, this isn't legal advice - but if I had a baby by a man who confessed to me he had killed TWO people, there would be no waiting around to find out if he sued me for custody of that baby.

Nobody would ever even see me leave. I'd just disappear, and end up someplace where nobody would think to look for me!

And you know, that might jus work--provided that you never, ever receive any state aid. The moment you do--bam. An assignment of the right to collect child support is given to the state and the state, they will track down the father--even if they have to eliminate a half dozen potential fathers--establish paternity and seek enforcement of child support.

 

[Stephie10131]

Thanx for all the advice i just have one more question. Right now i'm not getting any state aid except for health care for her but if i did disappear it would be kind of difficult to start over without any help. How would they go about even finding out who the father is without me telling them?

 

[I AM ALWAYS LIABLE]

Thanx for all the advice i just have one more question. Right now i'm not getting any state aid except for health care for her but if i did disappear it would be kind of difficult to start over without any help. How would they go about even finding out who the father is without me telling them?

My response:

Easy . . .

Until you start naming names, and until someone comes up positive for paternity, you won't get any type of State aid. Did you really believe that you'd be the first woman to try this - - and that the State Aid workers are stupid?

IAAL

 

[Stephie10131]

No i just have no idea how anything works and i dont know anyone else in a situation where custody is an issue so i have nobody to ask. If i go to get full custody now while he is in prison would it hurt me more than it would help? Would i have to keep him with an updated address and put him on the birth certificate or would it be easier to just leave? Also he has told me he is determined to find me if i run so if he did find me one day would i be putting myself in a situation where i would have to keep running in order to keep him away and from bringing me to court?

 

[Holly Golightly]

If you left town with your child, and you went far away (not just to the next town, I'm talking AWAY - like thousands of miles away) I have serious doubts that this man would spend a whole lot of time looking for you. Why? Because my guess is he wasn't doing burglary in an imitation of Cary Grant in "To Catch A Thief". My guess is he did burglary to maintain his drug habit. He won't want anything to get in the way of that - including a multi-state hunt for you. (I know these things, because long ago, I had a crazy, ex-con bf too. He was full of big talk, but really lazy on the follow thru if dope got in the picture).

However, like IIAL mentioned, you wouldn't be able to apply for state aid for your child, either, and since you're only 19, that's going to be a problem.

Hopefully, if you stay and go to court, you can show the judge that you have a wonderfully stable environment and support system for you and your child, and find as much evidence as you can get your hands on as to the instability of the baby's father. If push comes to shove, try to get supervised visitation, so at least you can feel safe he won't take off with her in some overwrought drama.

Oh, and I'd wait and let HIM try and establish paternity, because he might not even want to cough up the money for the test. You could get lucky.