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Released from prison, now wants visitation rights???

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Cspudley

Junior Member
What is the name of your state?Florida/Colorado issue. . .. . . . .

Six years ago the mother of my 11 1/2 year old son had supervised visitation in the state of Colorado, due to drugs, alcohol, and neglect issues. She then was convicted of Vehicular Homicide and went to prison.

I was granted Sole custody. We had agreed that she would have phone contact only while in prison in exchange for not paying any child support and allowing us to move to Florida. In the stipulation it states that we would revise this when she was released.

During that time she would not call for months and then call every night. To say the least, she was very unreliable. She also would tell my son small lies and shows no signs of being a better person.

She has been released from prison and the ankle bracelet for about 9 months and has been wanting me to bring my son to Colorado for a visit. She does agree that it can be supervised the first visit but feels that she should be awarded unsupervised visits in the near future.

We would like to be able to at least try to offer her another settlement with out going to court but don't feel that she deserves much! My questions are:

1) Would it look better in a courts eyes if we flew to Colorado to give her a visit or do we try to settle on a schedule first?

2) What kind of visitation would be reasonable for someone who went
from supervised visits to no visits for over 6 years and lives in different states.

3) How long should she continue to have her visits supervised?

4) Because she is on probation now and cant leave the state, would we be liable to have to go to her for each visit and if so, who would pay for my time off work and travel?

5) If she wishes to have visitations, should she be the one to take us to court first or do we start the proceedings?

6) Should I be trying to get child support from her or just wait until we have a visitation agreement in place?

7) Do we need to change jurisdiction now due to the fact that we are living in Florida and the original case was in Colorado? And if so, should we do that ASAP or wait till she files something with the courts?

Thank you for any help you can offer!
 


LdiJ

Senior Member
Go get a consult with an attorney in FL ASAP. You should certainly be able to get jurisdiction changed to FL after all this time.

Then, once you get jurisdiction changed, I would leave the ball in mom's court to take the issue of visitation to court. She needs to work for this....she did this to herself. Let a judge decide what kind of visitation she is entitled to receive.

If you want to be nice and take the child to CO to see her (if you don't believe it would cause harm to the child) then that would be a great thing for you to do.

However, she has no power here. She dug herself into a deep hole and she needs to deal with the consequences of her actions. I am totally unimpressed with the fact that she thinks she deserves unsupervised visits.
 

Kane

Member
I agree with Ld. She has no power.

Decide what's in the child's best interests, and then follow through with it.

If you think it's in your child's best interests to see his mom, then take him to see her. The issue of who's going to pay for it is moot, I suspect, because from your description she doesn't have any money anyway. So if he's going to see his mom, it's going to be up to you to make it happen.
 

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