Sex offender petitioning for visitation

[binghamv]

What is the name of your state? WI

STBX was sentenced OCt 31, 2003 to 35 years as a sex offender with no contact with children. He has already consulted a "jail-house lawyer" who is helping him to petition the court for visitation with our children. How likely is this to be successful. I thought they were safe until I got his letter.

 

[bb_wolfe]

What was the letter? Was it from the court or from the prison.

He has a 99.9% chance of nothing based on your post.

You don't have to bring the kids to the prison at all.

Just remember that 35 years isn't a rock solid number, he could be out years earlier. Make sure that you document every bit of correspondance and record all (if any) phone calls. Make sure to make copies of any threat and send it to the prison or his caseworker.

Unless you receive something from a court, don't fret.

 

[tigger22472]

Have the papers been filed? I'm assuming since you said "STBX" that you aren't divorced yet and so that would mean there isn't a custody or visitation order in place yet. Has anyone filed for divorce yet? I suggest if you haven't filed you do it NOW. Without a visitation order then as of right now you dont' have to take them. How old are the children? That COULD play into this.

He will likely serve half of the 35 years. Go to this site and look up your state. You can find out when he's first eligible for parole.

http://www.brbpub.com/pubrecsites.asp

 

[binghamv]

sex offender

35 yr sentence with minimum of 23 in with 690 days time served. So basically, he has another 21 years. Letter was from STBX, routed through his sister to my parents to me. He doesn't know where I live and I want to keep it that way for as long as possible. At sentencing, judge was adamant about NO contact, even with his own children, not no unsupervised contact. As he is a pedophile,(Assaulted 2 -14 year old girls repeatedly) is another judge likely to overturn that provision? Is this what you are asking? I do have a support order and physical placement. I also have psychologists sworn statements that contact with him is likely to cause irreparable harm. Will file now that I know where to have him served.

 

[tigger22472]

No.. have you filed divorce papers? Address everythign there. How much longer is the RO in order? Do you have in writing that his contact with HIS children were suspended? YOu need to have that in writing!!! That is very important. If you don't and there is a visitation order in place I would get an emergency hearing to get all visitation suspended until further notice which means he has to file to get the rights back.

 

[binghamv]

sex offender

No RO filed, Judge stipulated NO contact with any children including his own, even supervised at his sentencing hearing. There is no visitation and hasn't been any for over a year. Kids are 2, 5, and 9.

 

[tigger22472]

ok.. but is there an order for visitation? and you still didn't mention about the divorce. If there is NO order then technically as many say he has as many rights as you do. If there IS an order but it's just not been exercised you STILL need to get an emergency order. YOU need on paper that he is not to be around HIS children... not just ANY children but specifically HIS children.

 

[calatty]

If the trial judge ordered no contact, then no other judge is going to reverse that order. Jailhouse lawyers are nothing to fear: they just write garbage in return for cigarettes.