Phenix City, AL asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Alabama

Q: Convicted of sexual abuse 2nd misdermeanor , 15 year old accuser was my wifes daughter , who did not live with us

Residency restrictions say i cant live with my biological child now , not on probation or parole..I was convicted on a he said she said case in municiple court, no plea deal accepted ,not guilty the whole way,did not appeal because my attorney said I could live with my child..I was broke anyway defending myself... she has now recently accused her own father to get her way. How can alabama prevent me from living with my own child, DHR did not indicate me , how can residency restrictions destroy a family , do I not have any rights to live with my child? I understand child safety zones but my own child? What can i do? Case is 2 years old...was allowed to live with her up till recently when i moved to another county , they say the other sheriffs office just got it wrong charges but hell with that my family is now broken

1 Lawyer Answer
Mr. James Parrish Coleman
Mr. James Parrish Coleman
  • Divorce Lawyer
  • Robertsdale, AL

A: You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person who has been convicted of sexual abuse of a child. You should have gone to circuit court if you were not guilty and tried your case there.

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