Father recently released from prison, wondering rights, stressful situation

[gusawakened]

What is the name of your state (only U.S. law)? PA
The situation is this, I have a 7 year old daughter, I was released from prison about 2 months ago after serving 4 years. Prior to going to prison I believe I still had joint custody or something like that, the exact terms I don't recall. I had a visitation schedule. Since release I have been trying to deal with the situation outside of the courts.... I have no order to pay child support, but I have been giving as much money as I can to help out, above and beyond what would be ordered by courts regardless. I have been patient as far as visitation, her mother believes its best to take it slow, for example so far I see my daughter once a week, with her supervising. I had no problem with this theory, as I am trying to be as accomidating and civil as possible, but things are becoming chaotic. She does not stick to plans, and I'm begining to realize, or think anyway, that her reasoning is more personal as opposed to genuine concern for what it right by our daughter. Essentially things are always leading to heated discussions and lots of stress, I simply want to spend time with my daughter and be in her life, and she wants the same. Her mother is complicating things, which should come as no surprise, even in the past with a court arranged visiting schedule she would not cooperate, and the courts did nothing. I have been trying to avoid court intervention because its seems futile, because she wasnt held to obey the order anyway, and also I want to try to work things out civily between us. Unfortunately I dont think thats going to happen, and my daughter is suffering as a result. My question is this, how would my incarceration, if at all, effect my visitation? Should the order prior to my incarceration still be in effect? I dont like court intervention, and I dont want to deal with any special stipulations they may want to put on our visitation, like supervision or something, which she insists that she can demand and will happen. I would just like some clarification as to what I could expect if I go this route, what my rights are, what effect being in prison has on them, etc. any help would be appreciated, thanks!!!

 

[BL]

What is the name of your state (only U.S. law)? PA
The situation is this, I have a 7 year old daughter, I was released from prison about 2 months ago after serving 4 years. Prior to going to prison I believe I still had joint custody or something like that, the exact terms I don't recall. I had a visitation schedule. Since release I have been trying to deal with the situation outside of the courts.... I have no order to pay child support, but I have been giving as much money as I can to help out, above and beyond what would be ordered by courts regardless. I have been patient as far as visitation, her mother believes its best to take it slow, for example so far I see my daughter once a week, with her supervising. I had no problem with this theory, as I am trying to be as accomidating and civil as possible, but things are becoming chaotic. She does not stick to plans, and I'm begining to realize, or think anyway, that her reasoning is more personal as opposed to genuine concern for what it right by our daughter. Essentially things are always leading to heated discussions and lots of stress, I simply want to spend time with my daughter and be in her life, and she wants the same. Her mother is complicating things, which should come as no surprise, even in the past with a court arranged visiting schedule she would not cooperate, and the courts did nothing. I have been trying to avoid court intervention because its seems futile, because she wasnt held to obey the order anyway, and also I want to try to work things out civily between us. Unfortunately I dont think thats going to happen, and my daughter is suffering as a result. My question is this, how would my incarceration, if at all, effect my visitation? Should the order prior to my incarceration still be in effect? I dont like court intervention, and I dont want to deal with any special stipulations they may want to put on our visitation, like supervision or something, which she insists that she can demand and will happen. I would just like some clarification as to what I could expect if I go this route, what my rights are, what effect being in prison has on them, etc. any help would be appreciated, thanks!!!

Your choices are to bend to Mom , or take it to court.

The order would most likely be modified to a reintroduction periods of gradual visitations until back to a normal schedual.

You can also obtain a Child support order.

Your only choice after a new order is in place is to file contempts and hope the court will eventualy tire of seeing you both in court and put it's foot down.

 

[Just Blue]

What were you convicted of? How many convictions have you had in the past 8 years?

 

[gusawakened]

Three convictions in eight years, two burglary, one simple assault.

would the court possibly make my visits supervised?

 

[LdiJ]

Three convictions in eight years, two burglary, one simple assault.

would the court possibly make my visits supervised?

Possibly...but maybe only at first. Its really hard to tell. Each judge has their own opinions on the best interest of the child. A local attorney could give you a better idea of the climate of your local courts.

 

[Ohiogal]

What does the CURRENT court order state regarding your time? That is the time to which you are legally entitled.

 

[BL]

What does the CURRENT court order state regarding your time? That is the time to which you are legally entitled.

True.

Although from this.

and I dont want to deal with any special stipulations they may want to put on our visitation, like supervision or something, which she insists that she can demand and will happen.

If the OP were to file , I can see a counter petition for modification due to 4 years of no physical contact.

Mom may not get what she demands ,but I can see a possible reintroductory order.

 

[Ohiogal]

True.

Although from this.



If the OP were to file , I can see a counter petition for modification due to 4 years of no physical contact.

Mom may not get what she demands ,but I can see a possible reintroductory order.

But he has already been reintroduced. The current court order controls. If dad files for contempt, mom might use that as her reasoning but it would at least prompt the court to order more time. Stipulations? He has stipulations as it is -- from mom which will most likely be more limiting than any court's limitations.

 

[BL]

But he has already been reintroduced. The current court order controls. If dad files for contempt, mom might use that as her reasoning but it would at least prompt the court to order more time. Stipulations? He has stipulations as it is -- from mom which will most likely be more limiting than any court's limitations.

Yes , I meant a possible gradual visitation order leading up to more visitations as regular visitations go by .

If the poster is uncomfortable at mom's home ,visits could occur in public.

I'm not sure why the poster is hesitant on filing.

2 months out at one visit a week = 8 visits.

 

[st-kitts]

I'm not sure why the poster is hesitant on filing.

I might suspect that as a convicted felon recently released from prison the idea of stepping inside a courtroom for any reason brings up rather unpleasant memories.

 

[gusawakened]

Same situation, new issue. support question

Ok this was copied and pasted from another thread I started on a support issue, so i put it in the support forum, but the only response i got was saying to put this in my origional thread, so here goes:

Child support (arrears?) question.

What is the name of your state (only U.S. law)? Pennsylvania

The issue is this, I have recently been released from prison, and have been giving money to my daughters mother, who she lives with, but not through official child support through the courts. I looked online and found a calculator that calculates what I would be paying, and pay her accordingly (rounded up). The reason I am doing this is because I realize it is my resposibility, plus I want to try to deal with visitation/"child support" in a mature, civil fashion.

Above and beyond what I give her, I buy her things she need (and doesnt need) and pay for our visits, which, as im trying to work with what she wants on this, are supervised by her. basicly shes doing whatever we are.

please refer to this thread:
(this thread, since i was told to put it here)
to try to understand the situation, things have not gotten better. Its become untolerable.

So I ran into a situation, my transmission went out, and its costing me an arm and a leg, every penny I have, plus I have to borrow some money to fix it.

I tell her basicly "hey my transmission went out" etc, shes like "i hope your not trying to get out of child support" blah blah, omfg. No, im not, but the reality is if i cant fix this, i cant work because i drive as part of my job. so no money. Really I intended to try to find a way to make it, i didnt even suggest i wasnt going to. the point is its getting aggravating, and shes making threats and being crazy, if i dont pay she will take me to court, blah blah, and if i dont pay i cant see my daughter. wtf?

shes like, if i you dont pay i will take you to court for arrears(sp?) for the last 7 years (our daughter is 7)

Can she possibly do that? shes saying her attorney said she can. there was never a support order, ever, so how could this be? could they make me pay for back time? i have given her above and beyond what the courts would expect, and have made the misteak of not keeping track. its not my mindset, i hope everything can work out civily, but its not, and im starting to think we need to go to court, for one i need to see my daughter more and without her there, i should have to have that. I need much less contact with her mother.

So, any help? Can i go to court safely and not have to worry about something insane like that?

Also, my custody(?) order from before prison was 50/50, i had her 3.5 days a week, shes in school now, im not expecting that at all, im not trying to be disruptive, but the reality is she wants to see me, a lot more than her mother is allowing.

Thanks!!!! I just want to deal with her mother less, if involving the courts can resolve this, so much the better. I want only to interact with her for picking her up and dropping her off. anything else leads to drama.

but my main question is about support.