Q: Hello,I am writing you as a father who is seeking, at the very least, 50/50 custody of my daughter.
I have things in my record that are preventing me from getting to see my daughter.
I would never hurt my daughter or expose her to anything... How do I get the court to see passed my past?
It depends on what is in your past, how serious each offense is, how long ago it occurred, etc. If what you have poses a current risk to your child, then you might be prohibited from seeing her even now. Assuming that you have nothing imminent, though, the general method to gain visitation is to show that you have turned your life around. You might have to start off with supervised visitation once per week. If you're unemployed, get a job. If you have no stable housing, get stable housing. 50/50 custody is obviously preferred, but for a variety of reasons, it may not be possible even under the best of circumstances.
A: If you have a criminal record for sex offenses, domestic violence or other violent crimes, or a history of drug or alcohol abuse or addition, if you are awarded visitation with your daughter, you will probably have only professionally monitored visitation of your child for a couple hours a couple of times per month. You will have to pay for the monitor. If drug and alcohol abuse are part of your recent past and are currently issues, then drug and alcohol testing will most likely be part of any order you obtain.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.