parental rights

[catfishcally7]

If a man is convicted of second degress assult of a minor child, and he has a child of his own. Does he automatically lose all parental rights once convicted? Would he lose all visitation rights, even if they were chaparoned? even if he has joint legal custody of child and pays his support?

 

[Michael Wechsler]

I have never worked on a case involving what you describe but I don't think there are any "automatic" rules like the one you describe. I don't know what state you are talking about and it might not be the sufficient itself to warrant losing custody of a child. It's difficult to say without more, e.g. an "assault" on a minor of 17 is different than a 5 year old. A small fight with a teenage son can be an assault but is that enough to lose custody? I don't think that one loses all rights for visitation... are you being represented in this matter? If you are asking for a second opinion here it is impossible to give and your attorney, who is more familiar with the specific facts of your case would be a better source for information.

 

[catfishcally7]

He has not consulted an attorney yet about this because of money. He was convicted of showing a 13 yro porno off the internet and he asked the minor to touch his privates. Appearently he still fantasies about little kids but has not acted on these fantasies besides what is mentioned. We were just wondering if it is even possible to ask for visitation without getting laughed out of court.

 

[Michael Wechsler]

This case is not one where the adult actually physically abused the child so it might not be as clear cut. I wish I could give you an answer that would be satisfactory but I cannot without being closer to the situation.

Unfortunately I cannot give you the answer you want to hear -- which is that there is no way he will be given visitation rights. First, you have to determine the severity and extent of the conviction. What was it for exactly? The rest of what you allege are just allegations and your word against his. Is there an issue of credability? Absolutely and it should be obvious to any judge that if there is visitation it would have to be supervised, probably limited, and potentially delayed until the individual completes some sort of therapy as well. I really don't know the facts of the case but the sliding scale works well -- the more severe and outrageous the actions balanced by the more proof of the actions will yield diminishing visitation rights, especially when there is abuse. Additionally, I'm not an expert in this area, don't know the state or court to be able to provide you with precedent that has been handed out. I think you would do yourself the best service by ceasing to worry about the odds.

 

[catfishcally7]

jurisdiction-standing

forgive me but I couldn't respond to your last thread. breifing.. I have the 5 yro nephew who is in foster care. my question was, does a blood relative have any "standing' to request visitation with the child? The judge won't even hear my case, he said "you have no jurisdiction for such a request, and you are wasting my time". Grandparents have gained what they call the grandparents rights, is there nothing that says the same for aunts and uncles? If not, could you point me in the correct direction to possibly have this law also changed? I am persistant because I remember that little boy in
florida who lost his mom while trying to come to the united states. there was the big battle about whether he would stay here in the states with a blood relative, vs. going back to his country with his biological father. now she had some standing that started that fight. that is what i am looking for.

 

[Michael Wechsler]

The Elian Gonzalez case did not quite rest upon the issue of rights of a relative to visit/have custody of a child. It dealt more with deportation issues as well as other location problems and what was in the best interests of the child given the circumstances. Are you a "de facto parent" or a surrogate parent who has taken care of the child or are you a concerned blood relative?

I am not a specialist here but my understanding is that non-parents can petition the court for visitation rights only under certain circumstances which are more than just that of the concerned relative. For example, those issues would arise if the parents were deceased, incapacitated, in some cases a child born out of wedlock. Much of the law varies by state.

Your issue is very highly specialized. It requires a real consultation if you are truly interested in changing this child's life. I'm not sure why foster parents wouldn't allow you to visit the child. I'm not sure I understand all the dynamics either. They need to be sorted out clearly, especially in front of a judge.

 

[catfishcally7]

We have been two court twice and the judge won't hear the case. So I don't get the fair shot at telling him how involved with this child I was. I lived with the child for 3 years. and he is five now. I have requested to visit him thru social services, they denied me. with no reason given. I am more than a concerned relative, I do know from previous conversations with his mother that he does still ask when he is coming back to live with me and this upsets her, because he sees me more as a parent than she, so now he stays with strangers.
anyhow, do you think there is a way to change some laws here in wisconsin? or how do I get past this judge. I have even requested psychiatrist get involved but this too was denied thru social services and his mother. Have you ever heard of relatives as I seeking what I do? I thought of going to the newspapers and making this issue more public. The "de facto parent" you speak of, I do think i meet the qualifications that was why we made it to court, just couldn't get the case heard. but in this case it isnt what is in the best interest in the child.

 

[Michael Wechsler]

Hmmm... I realize that you no longer have custody of the child. Perhaps it might have been different if you petitioned the court for custody of the child instead of releasing the child to the parents. I don't know about whether your having custody of the child in the past would make a difference at this time. You need to determine why the court decided you could not obtain visitation rights. Is it because (a) you had no standing to petition the court since there is no law that allows you as an aunt or uncle or (b) the court states that there is a law which you could petition the court but that the court has denied your request because you cannot establish what you need? It is important to find out exactly why the court denied hearing you.