Supervised Visitation with Felon Father

[EleanorAZ]

What is the name of your state? Arizona

I am hoping to get some input on what to expect in a custody case involving a sex offender.

Background: I have full legal decision making of my two daughters, ages 11 and 16. Their father was sentenced to three years in a federal prison in 2015 after pleading guilty to possession of child pornography (Title 18, U.S.C. §2252A(a)(5)(B), (b)(2) and 2256, Possession of Child Pornography, a Class C Felony offense). Per his sentencing, he shall be on supervised release for life on Count 1. He has special conditions of his supervised released that state, “You shall not be in the company of or have contact with children you know are under the age of 18, including your own children, without prior written permission. Contact includes, but is not limited to, letters, communication devices, audio or visual devices or communication through a third party.”

Father has since been released from prison, and has contacted an attorney to exercise his parental rights. I have a meeting set up with my attorney, but it won’t be until Friday, and I am feeling very anxious. I guess I knew this day would come, but three years seemed like an eternity back in 2015.

Since the girls have been estranged from their father for three years, I don’t know what to expect. What typically happens in cases like this wherein a sex offender (of this nature) is requesting supervised parenting time?

 

[xylene]

You need to get a lawyer involved in this situation.

 

[not2cleverRed]

I think therapy, individually for the girls and jointly with their father, might be helpful.

I imagine they have some conflicted feelings about him.

 

[LdiJ]

What is the name of your state? Arizona

I am hoping to get some input on what to expect in a custody case involving a sex offender.

Background: I have full legal decision making of my two daughters, ages 11 and 16. Their father was sentenced to three years in a federal prison in 2015 after pleading guilty to possession of child pornography (Title 18, U.S.C. §2252A(a)(5)(B), (b)(2) and 2256, Possession of Child Pornography, a Class C Felony offense). Per his sentencing, he shall be on supervised release for life on Count 1. He has special conditions of his supervised released that state, “You shall not be in the company of or have contact with children you know are under the age of 18, including your own children, without prior written permission. Contact includes, but is not limited to, letters, communication devices, audio or visual devices or communication through a third party.”

Father has since been released from prison, and has contacted an attorney to exercise his parental rights. I have a meeting set up with my attorney, but it won’t be until Friday, and I am feeling very anxious. I guess I knew this day would come, but three years seemed like an eternity back in 2015.

Since the girls have been estranged from their father for three years, I don’t know what to expect. What typically happens in cases like this wherein a sex offender (of this nature) is requesting supervised parenting time?

Well, this is a two pronged situation. In his criminal case he is not allowed contact with his own children without prior written permission. Do you have any idea who is the entity or person that might provide that permission? I am assuming that since he will be on supervised release for life, that its likely to be his probation/parole officer.

A family court judge cannot override that unless its a family court judge that has to issue that permission...which seems highly unlikely in a criminal case.

Personally, I would fight for dad to have zero contact with his daughters with the circumstances that exist. If they want to see him after they turn 18 and are legal adults then that will be on them.

 

[CJane]

If it were me, I'd retain the attorney and refuse to come to ANY agreements. Force a trial, force a judge to decide the case based on the specific facts.

 

[LdiJ]

If it were me, I'd retain the attorney and refuse to come to ANY agreements. Force a trial, force a judge to decide the case based on the specific facts.

I agree, but again this is a two pronged situation. I am not sure that a family court judge can even intervene. Unless the criminal prong provides written permission that he is allowed to be around his own children. At that point a family could judge could decide. I wonder however if the criminal side would even give that permission if the other parent of the child is opposed.

 

[EleanorAZ]

Well, this is a two pronged situation. In his criminal case he is not allowed contact with his own children without prior written permission. Do you have any idea who is the entity or person that might provide that permission? I am assuming that since he will be on supervised release for life, that its likely to be his probation/parole officer.

A family court judge cannot override that unless its a family court judge that has to issue that permission...which seems highly unlikely in a criminal case.

Personally, I would fight for dad to have zero contact with his daughters with the circumstances that exist. If they want to see him after they turn 18 and are legal adults then that will be on them.

Thanks for your reply.

Yes, I spoke to the probation officer who oversees the supervised release, and he said it is within his jurisdiction to give written permission.

 

[Ohiogal]

There is more than just visits though. With written permission, he can send letters or make telephone calls -- both of which can be monitored. That might be a proper solution depending on all of the facts. And ignore LD, because it is possible that a criminal case would allow him to have some contact.

 

[EleanorAZ]

I think therapy, individually for the girls and jointly with their father, might be helpful.

I imagine they have some conflicted feelings about him.

Yes, absolutely. While I know they probably miss the idea of their pre-prison father, the reality is that he has caused them a tremendous amount of pain, and he is virtually a stranger to them now. To the extent that visitation will be forced, I think it will need to be under the supervision of a clinician who is skilled at helping rebuild the relationship.

 

[LdiJ]

Thanks for your reply.

Yes, I spoke to the probation officer who oversees the supervised release, and he said it is within his jurisdiction to give written permission.

That means that a family court judge cannot override that. The judge in his criminal case could, but not the family court judge.

 

[LdiJ]

Yes, absolutely. While I know they probably miss the idea of their pre-prison father, the reality is that he has caused them a tremendous amount of pain, and he is virtually a stranger to them now. To the extent that visitation will be forced, I think it will need to be under the supervision of a clinician who is skilled at helping rebuild the relationship.

As red said, it would probably be a good idea for the girls to get some counseling now. I would however, fight his having any access to them at all. You may not be able to protect them to that full extent, but the older they get, the safer they get.