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What Custody Rights does a Father on Parole have out of wedlock, 1yr to go

This is a discussion on What Custody Rights does a Father on Parole have out of wedlock, 1yr to go within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Hello, I am writing on behalf of someone I really care about. I believe he has not received all the ...

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Old May 30th, 2011, 07:22 PM   #1
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Confused What Custody Rights does a Father on Parole have out of wedlock, 1yr to go

Hello, I am writing on behalf of someone I really care about. I believe he has not received all the right information about his rights for part or full custody of his two children, aged 3 & 1yrs. If you can help, my heart would no longer be heart broken.

Here are the details:
1) One remaining year on Parole with location and travel conditions applied
2) Perfect parole attendance and agreement with all conditions
3) Is a successful member of society!
4) Strong family foundation and support
5) Purchased a house, car, has a job.
6) Has always provided for his children while in/out prison, and always will.
7) The mother has always had the children living in her apartment, but the father was always within a few blocks of the mother’s apartment so that he could be involved as much as possible.
8) The mother is Bipolar, unstable, and every other week she causes fights in front of the children, and says that she is leaving him; she breaks up and takes off with the kids for a week+ in his car, then comes back and does it all over again.
9) The parents are no longer in love and the children are what are being used to control the father and everyone’s futures.
10) They have been in an On-Off again relationship for 4yrs.
11)The mother and children have for the first time moved in with the father in his new home for only 2months. After the 1st month she said she was moving out, took the kids away from him for a few weeks, and then just came back like nothing happened. This is not healthy for the children or him.
12) He and his family want the children, but the Bipolar mother has caused issues from day one.
13)Location Canada Ontario for Parole and living, Convicted in USA, completed 2yrs there.

This is what He has been told regarding obtaining Custody of his 2 children 50/50 at the least:

1) While in the final year of Parole he is still considered an inmate so he has NO legal rights to request Custody of the children.
2) After the last year of Parole is done, he will now have an easy chance to get part custody. And this will be faster then trying while on Parole.
3) The mother can take the kids to a different city to live in and deny visitations.
4) The mother does not have to bring the children into the city where the Parole confines him too.
5) If he lets her move into his new home with the children for a year it is the only way that he will be permitted to see his children until the Parole is completed.
Please let me know who he needs to hire, talk to, or what to do so that he can have custody of his children, or 50/50 custody and that they will need to stay closer to his Parole city in Canada.
Should the Mother, Kids live with the father until Parole is done, just so that the custody will be in his favor after the year?
Shouldn’t he apply for custody before she has lived in his house for 3months, because that would make her common law and able to take half of everything he owns and keep the kids from him still?
Please correct anything that he was told, I’m in a rush to get him this information, as it will be 3months the end of the month then she is common law. He is stuck pretending to be in a relationship just so he can be a part of his children's lives, please help him find a way that he can be happy alone and have his children too, with just min interaction with the ex.

Thank you
BrokenHearted!

Last edited by HeartBroken; May 30th, 2011 at 07:35 PM. Reason: added line 13- with location info
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Old May 30th, 2011, 11:42 PM   #2
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Default Re: What Custody Rights does a Father on Parole have out of wedlock, 1yr to go

From the facts it seems that he can apply for joint custody as his parole is in the last year. He can file petition before the court for having custody of the children. In custody petitions court will consider the best inters of the children. As he was convicted, it would be difficult to convince the court that he has petitioned in the best interest of the child. His ex will also take the defense that he was convicted so it will not be proper to have the custody of the children to him. You have to adduce strong evidence to defend this version. It seems that he has to apply for custody before completing 3 months to avoid the implications of common law. It is better advised that you may consult with a Family Law Attorney ASAP who can give a proper guidance in this regard.
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Old May 30th, 2011, 11:54 PM   #3
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Default Re: What Custody Rights does a Father on Parole have out of wedlock, 1yr to go

I wish to inform you that a parent can have custody rights over child. Generally court considers best interest of child as main consideration. If a parent with a parole intends to have child custody then that parent may be required to show that parent can take care of child. Further the offence for which parole has been granted may be taken into consideration by court. Both the parents have equal right to take child custody. A joint custody may be granted if both parents can show that they can take care of child otherwise one parent can have visitation and other parent can have custody.

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Old Feb 5th, 2012, 07:27 PM   #4
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Default Re: What Custody Rights does a Father on Parole have out of wedlock, 1yr to go

My son currently has joint legal custody with mother having primary physical custody in California. He has the children every weekend and then 2 afternoons during the week. This was awarded while he had 2 more years left on parole. Family code requires that the totality of the situation and the best interests of the child be considered. One of the main focuses is in ongoing continuing contact between both parents. The charges for which someone is on parole is considered if it is for domestic violence, drug charges, child abuse, or a sex offense. Just because someone is a parolee doesn't mean their children don't need them!
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Old Feb 10th, 2012, 11:44 PM   #5
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Default Re: What Custody Rights does a Father on Parole have out of wedlock, 1yr to go

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My son currently has joint legal custody with mother having primary physical custody in California. He has the children every weekend and then 2 afternoons during the week. This was awarded while he had 2 more years left on parole. Family code requires that the totality of the situation and the best interests of the child be considered. One of the main focuses is in ongoing continuing contact between both parents. The charges for which someone is on parole is considered if it is for domestic violence, drug charges, child abuse, or a sex offense. Just because someone is a parolee doesn't mean their children don't need them!

California state family law may not be the same as Ontario Canada family law.
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