Seeking opinionated advice :)

[beck3210]

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

Okay, so I'm trying to figure out what the best case/worse case senario is for the following: I've been married for 5 years, since Feburary. I have 3 children, 1 isn't biologically mine however I've been in her life since my wife was 2 weeks pregnant. I took on the role of supporting the family the first 2 years in the military, wife being a stay at home mother and when my term was served, I struggled in finding reasonable work and was a stay at home father for another 2 years. I recently got employed and my wife makes 5 times as much as me at the moment. Here's where it gets interesting, I find out she's talking to a ex boyfriend who is currently in a federal prison for 12+ years for child pornography/obsene material - currently served 4, I find letters that him and her are writing to each other containing things no husband wants to find out about. Including talk about reuniting once he gets out of the prison if "on good behavior" 3 years at a mininum. I feel for my kids safety, I don't know what this guy is capiable of doing. I'm also ticked out, of course who wouldn't be. Is there any possible way to make it hell for this guy to not be near my kids? What are my legal rights and what would be the smartest plan of action in this case? I'm all about opinions, be blunt, you won't hurt my feelings. Tell it like it is, I need to know.

 

[Isis1]

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

Okay, so I'm trying to figure out what the best case/worse case senario is for the following: I've been married for 5 years, since Feburary. I have 3 children, 1 isn't biologically mine however I've been in her life since my wife was 2 weeks pregnant. I took on the role of supporting the family the first 2 years in the military, wife being a stay at home mother and when my term was served, I struggled in finding reasonable work and was a stay at home father for another 2 years. I recently got employed and my wife makes 5 times as much as me at the moment. Here's where it gets interesting, I find out she's talking to a ex boyfriend who is currently in a federal prison for 12+ years for child pornography/obsene material - currently served 4, I find letters that him and her are writing to each other containing things no husband wants to find out about. Including talk about reuniting once he gets out of the prison if "on good behavior" 3 years at a mininum. I feel for my kids safety, I don't know what this guy is capiable of doing. I'm also ticked out, of course who wouldn't be. Is there any possible way to make it hell for this guy to not be near my kids? What are my legal rights and what would be the smartest plan of action in this case? I'm all about opinions, be blunt, you won't hurt my feelings. Tell it like it is, I need to know.

straight up, there may not be anything you can do for the one child that isn't yours.

was the real father named? where is the real father? was paternity ever established? were you married to mom at the time of the child's birth? how long after did you get married?

i would definitely recommend you getting a restraining order on this man for your two children. a complete printout of his criminal history is very helpful.

 

[beck3210]

Re:

straight up, there may not be anything you can do for the one child that isn't yours.

was the real father named? where is the real father? was paternity ever established? were you married to mom at the time of the child's birth? how long after did you get married?

i would definitely recommend you getting a restraining order on this man for your two children. a complete printout of his criminal history is very helpful.

To best answer your questions: The real father signed over his right to my wife - there is a notary signed with his signature in her possesion, There was a DNA Test and Paternaity was established as him being the father. She is still recieving child support from this man. I was married before she was born and my name was on the original birth certificate, the court ordered to change her last name to her biological father.


My additional questions to you: Can I file a restaining order on this man without the consent of my wife? Do I need other evidence that he is a threat to my children? I can easily get a criminal history report on him. However, he's still resides in a federal prison.

 

[Isis1]

To best answer your questions: The real father signed over his right to my wife - there is a notary signed with his signature in her possesion, There was a DNA Test and Paternaity was established as him being the father. She is still recieving child support from this man. I was married before she was born and my name was on the original birth certificate, the court ordered to change her last name to her biological father.


My additional questions to you: Can I file a restaining order on this man without the consent of my wife? Do I need other evidence that he is a threat to my children? I can easily get a criminal history report on him. However, he's still resides in a federal prison.

in regards to the first child. only a court can sign off on parental rights. that notary means nothing. the fact that the real father is paying child support, says dad still has rights, he's just not using them. when the real father's paternity established? before or after you married mom?

file for a restraining order when the sicko gets out. if mom is bring this man around.

 

[mistoffolees]

in regards to the first child. only a court can sign off on parental rights. that notary means nothing. the fact that the real father is paying child support, says dad still has rights, he's just not using them. when the real father's paternity established? before or after you married mom?

file for a restraining order when the sicko gets out. if mom is bring this man around.

File for a restraining order anyway. The wife's emails regarding their reuniting might be sufficient grounds for it to be granted (if the court rejects it, he can always file again later). I would not wait until the wife brings him around.

As for the kid who is not his, the above posts are correct - he has absolutely no LEGAL rights to interfere. However, he may decide on moral grounds to contact the biological father who would also have grounds to file a restraining order.

The biological father may tell him to jump in a lake or may be grateful for the care OP has provided for the child - or anything in between. If he gets upset, then OP is no worse of than he is now. If biological father cares about his child, he may become an ally at some level.

 

[Gracie3787]

You really need to speak to a local attorney to find out what the best course of ation will be.
You can get a 30 minute consult for $25 by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

 

[CourtClerk]

How long has he been in prison. You don't get "good behavior" in federal prison. They don't do good time/half time. Last I checked you had to do 80/85%, then the rest on supervision.

 

[starting over]

Here's where it gets interesting, I find out she's talking to a ex boyfriend who is currently in a federal prison for 12+ years for child pornography/obsene material

Question to the Seniors. If this guy is convicted on these types of charges, is it possible that he won't be allowed contact with any children as a condition of release? Just curious.

 

[Ohiogal]

Question to the Seniors. If this guy is convicted on these types of charges, is it possible that he won't be allowed contact with any children as a condition of release? Just curious.

Yes it is very possible.

 

[mistoffolees]

Yes it is very possible.

Yes, but it may not happen automatically. OP should contact the DA (or have his attorney do it) and express his concerns. I believe that the DA is the one who would have to ask for that condition to be applied on release.

OP can and should ALSO file for a restraining order to protect his own kids - even if there is a blanket no-contact order.