• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

revoking parental rights given to a criminal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

emschafer1975

Junior Member
What is the name of your state? Colorado
While married, my then husband was arrested and charged with F3 assult, domestic voilence, etc. on me. Once arrested, I found out he has a history of convicted voilence. I started divorce proceedings while going thru his criminal trial. He was awarded parenting time every weekend with our son and weekly dinner visits. This was 4 1/2 yrs ago. I have since tried to get full custody or at least supervised visitation but was denied by the Majestrate. Do the courts bother to look at a persons criminal history when deciding what is best for the child? My ex-husband will be released this summer. WHAT CAN I DO TO ENSURE MY SONS SAFETY? HOW CAN I GET A SAY SO OVER IF/WHEN THE FATHER GETS TO SEE OUR SON? Our son was two when his father was put away and does not remember him. Also, I am now engaged to the only man that has been a father figure to my son in the last 4 years. I would like him to have legal parental rights over my son, as I travel for business purposes and need someone to have the power to make decisions such as emergency care, etc.
 


Silverplum

Senior Member
emschafer1975 said:
What is the name of your state? Colorado
While married, my then husband was arrested and charged with F3 assult, domestic voilence, etc. on me. Once arrested, I found out he has a history of convicted voilence. I started divorce proceedings while going thru his criminal trial. He was awarded parenting time every weekend with our son and weekly dinner visits. This was 4 1/2 yrs ago. I have since tried to get full custody or at least supervised visitation but was denied by the Majestrate. Do the courts bother to look at a persons criminal history when deciding what is best for the child? My ex-husband will be released this summer. WHAT CAN I DO TO ENSURE MY SONS SAFETY? HOW CAN I GET A SAY SO OVER IF/WHEN THE FATHER GETS TO SEE OUR SON? Our son was two when his father was put away and does not remember him. Also, I am now engaged to the only man that has been a father figure to my son in the last 4 years. I would like him to have legal parental rights over my son, as I travel for business purposes and need someone to have the power to make decisions such as emergency care, etc.
Why did the magistrate deny your petition for supervised visitation/sole custody? Did you bring up his criminal record then?

Below is some CO info for you:

http://www.courts.state.co.us/chs/court/forms/selfhelpcenter.htm

http://www.courts.state.co.us/chs/court/forms/domestic/domestic.html

Of special interest to you: Forms JDF 1317-20, 1328-29, 1406I and 1406, 1424, among others


http://www.colorado-family-law.com/

http://www.coloradolegalservices.org/CO/StateSubTopics.cfm/County/ /City/ /demoMode/= 1/Language/1/State/CO/TextOnly/N/ZipCode/ /LoggedIn/0/iTopicID/725/sTopicImage/familyJuvenile.gif/bAllState/0
 
B

badboybarry

Guest
if dad consents fine if not you cant

"how can i get some say so over if/when he gets to see our son"? you cant, the court made that decision for you, and unless you can prove a change of circumstances, the court order stands, and you must obey it. even if you got full custody, dad would still get visitation. as for your fiance, the only way he can get any sort of legal rights to your son is if you and he marry, and he adopts the child, which would require dad's consent, otherwise he has no authority to make any kind of decisions about the child, he is a legal stranger with no rights to the child.
 
badboybarry said:
"how can i get some say so over if/when he gets to see our son"? you cant, the court made that decision for you, and unless you can prove a change of circumstances, the court order stands, and you must obey it. even if you got full custody, dad would still get visitation. as for your fiance, the only way he can get any sort of legal rights to your son is if you and he marry, and he adopts the child, which would require dad's consent, otherwise he has no authority to make any kind of decisions about the child, he is a legal stranger with no rights to the child.
you forgot "period :mad: "
 

Just Blue

Senior Member
badboybarry said:
"how can i get some say so over if/when he gets to see our son"? you cant, the court made that decision for you, and unless you can prove a change of circumstances, the court order stands, and you must obey it. even if you got full custody, dad would still get visitation. as for your fiance, the only way he can get any sort of legal rights to your son is if you and he marry, and he adopts the child, which would require dad's consent, otherwise he has no authority to make any kind of decisions about the child, he is a legal stranger with no rights to the child.

Ummm..."Barry"...Did you read the first post?....Or did your autoreply just kick in?:rolleyes:
 

Shay-Pari'e

Senior Member
badboybarry said:
"how can i get some say so over if/when he gets to see our son"? you cant, the court made that decision for you, and unless you can prove a change of circumstances, the court order stands, and you must obey it. even if you got full custody, dad would still get visitation. as for your fiance, the only way he can get any sort of legal rights to your son is if you and he marry, and he adopts the child, which would require dad's consent, otherwise he has no authority to make any kind of decisions about the child, he is a legal stranger with no rights to the child.
Poster,

Ignore Barry. She is our forum poster child who has been banned up to 10 times already. She thinks this forum is her playground.

Answer the questions above and check out the links provided, and Good luck. I certainly would do whatever I could legally to keep this guy away.
 

Shay-Pari'e

Senior Member
baystategirl said:
Ummm..."Barry"...Did you read the first post?....Or did your autoreply just kick in?:rolleyes:
Now Bay? Did you really EXPECT Kelly to read? Her picture alone shows, Dufus!

She has her walking dead relatives reading them, and then she uses her Weegie(?) Board to type out her answers.;)
 

Just Blue

Senior Member
Shay-Pari'e said:
Now Bay? Did you really EXPECT Kelly to read? Her picture alone shows, Dufus!

She has her walking dead relatives reading them, and then she uses her Weegie(?) Board to type out her answers.;)


I know....I know...shame on me for expecting someone to read...my bad...:eek:
 

Ohiogal

Queen Bee
emschafer1975 said:
What is the name of your state? Colorado
While married, my then husband was arrested and charged with F3 assult, domestic voilence, etc. on me. Once arrested, I found out he has a history of convicted voilence. I started divorce proceedings while going thru his criminal trial. He was awarded parenting time every weekend with our son and weekly dinner visits. This was 4 1/2 yrs ago. I have since tried to get full custody or at least supervised visitation but was denied by the Majestrate. Do the courts bother to look at a persons criminal history when deciding what is best for the child? My ex-husband will be released this summer. WHAT CAN I DO TO ENSURE MY SONS SAFETY? HOW CAN I GET A SAY SO OVER IF/WHEN THE FATHER GETS TO SEE OUR SON? Our son was two when his father was put away and does not remember him. Also, I am now engaged to the only man that has been a father figure to my son in the last 4 years. I would like him to have legal parental rights over my son, as I travel for business purposes and need someone to have the power to make decisions such as emergency care, etc.
What the father did to you or any other adult doesn't matter. He has a right to spend time with his child. Yes they look at criminal history and how it affects the child. You cannot get a say so over if/when the father gets to see the child. And you cannot give your fiance legal rights to your child. The father has a say so. You can give him permission to have your child treated in an emergency and what not. You cannot dictate if daddy gets to see him or not. As the saying goes, you picked him to be your baby's daddy. Now you gotta live it.
 

Silverplum

Senior Member
Ohiogal said:
What the father did to you or any other adult doesn't matter. He has a right to spend time with his child. Yes they look at criminal history and how it affects the child. You cannot get a say so over if/when the father gets to see the child. And you cannot give your fiance legal rights to your child. The father has a say so. You can give him permission to have your child treated in an emergency and what not. You cannot dictate if daddy gets to see him or not. As the saying goes, you picked him to be your baby's daddy. Now you gotta live it.
Quite, quite true.
 

Ohiogal

Queen Bee
emschafer1975 said:
The father cannot give permission for anything regarding our son because he is currentle incarcerated. And I did not choose him to be my baby's daddy. There were circumstances I'm not going to go into. This man (my ex) had several problems, issues if you will, which he hid from everone. I knew nothing about the real him untill after he was arrested and the victim services peasple found out everything. Thats why me and my son's safety and well being will be in jepardy once he gets out
Well the father has a say so in what happens to his son including whether or not he gets to relinguish his parental rights. He can fight that. And yes if you had sex with him then you did choose him. Quit making excuses now. You say you didn't know the real him but that isn't an excuse because you had sex with him which resulted in the child. That WAS your choice. And if it wasn't then it was rape and you should have reported him.
 

emschafer1975

Junior Member
Ohiogal said:
Well the father has a say so in what happens to his son including whether or not he gets to relinguish his parental rights. He can fight that. And yes if you had sex with him then you did choose him. Quit making excuses now. You say you didn't know the real him but that isn't an excuse because you had sex with him which resulted in the child. That WAS your choice. And if it wasn't then it was rape and you should have reported him.
1st of all, you know nothing about this situation. You are all hell fire bent on putting me in my place that you are ignoring the question at hand. There were circumstances that i'm not going to get into with you. This forum is for people who are looking for advice or assistance. I have NEVER made excuses for the situation I was put into. What I am looking for is advice for how to protect my son. You are obviously not a parent or you would understand that. If you have no advice on how to help me, then kindly keep your snide comments to yourself.
 

emschafer1975

Junior Member
Silverplum said:
I did bring up the criminal record. The majistrate just said its within the childs best interest to know his father. My ex was mentally and physically abused (he admitted this in his criminal trial). Dont they say that most that are abused as children, grow up to become abusers? Which he did to me, so I feel its just a matter of time b4 he'll start on our son. His other childs mother got full custody of their daughter because she was afraid of the same things I am.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top