Convicted Offender seekin joint custody

[ajsakids04]

What is the name of your state (only U.S. law)? NJ
My childs father is seeking joint custody of my now13 y/o son. He was convicted for sexual assualt on a minor under 13. He did time for it and is on probation now. He has not been in his life up until this point, after the fact. He does have supervised visitation already. He is now seeking joint custody. What can I do to prevent this? I have no funds to afford a lawyer to help me. Please help.

 

[Proserpina]

What is the name of your state (only U.S. law)? NJ
My childs father is seeking joint custody of my now13 y/o son. He was convicted for sexual assualt on a minor under 13. He did time for it and is on probation now. He has not been in his life up until this point, after the fact. He does have supervised visitation already. He is now seeking joint custody. What can I do to prevent this? I have no funds to afford a lawyer to help me. Please help.

Assuming the supervised visitation has been going well, he does have a chance at getting joint legal custody.

But physical? I do not see that happening at this point. In fact I cannot see him getting any type of physical custody until at least he's had a successful period of unsupervised visitation.

You DO need to answer any petition though if you're served, otherwise Dad can get what he wants by default.

 

[ajsakids04]

I am going and have gone to every single court appointment. My concern is how can he get joint custody when he was convited and plead quilty to that convition? I feel my child is at risk now. How can I protect him? I know he is old enough to fight for himself if he even tries but I feel he shouldnt be put in this situation.

 

[Proserpina]

I am going and have gone to every single court appointment. My concern is how can he get joint custody when he was convited and plead quilty to that convition? I feel my child is at risk now. How can I protect him? I know he is old enough to fight for himself if he even tries but I feel he shouldnt be put in this situation.

The court has seen fit to award him visitation, this indicates that the court does not necessarily see him as a threat.

How long has he had supervised visitation? When was the crime committed? How old was your ex at the time?

If the crime was against your child that would be a different matter.

The reason why he has a chance is that until a court says otherwise, he still has parental rights.

 

[ajsakids04]

He only got supervised visitation because I suggested it. He most likely wasnt going to get visitation cause the Judge said to him "you are very lucky". He has had supervised visitation for about 6 mo. He was charged in '06 for the assult and served about 3yrs in a rehabilitation center. He was 26yrs old at the time

 

[Proserpina]

He only got supervised visitation because I suggested it. He most likely wasnt going to get visitation cause the Judge said to him "you are very lucky". He has had supervised visitation for about 6 mo. He was charged in '06 for the assult and served about 3yrs in a rehabilitation center. He was 26yrs old at the time

Well, honestly, if the supervised visits are going well there's a chance that eventually he can request that the visits are unsupervised which paves the way for longer periods of visitation.

The fact that you've agreed to supervised is in his favor.

Yes, even convicted sex offenders can sometimes get custody of their own children.

In your case I do not see that happening - that your son is already 13 is only one reason - but I can see him, with a sympathetic judge, getting joint legal custody and increased visitation even if it happens over time.