incarcerated parent and child custody rights?
826140
Google "fathersrights"  there is a lot of free advice and links to help dads. See if there is a local chapter in MO where he can get legal advice and suggestions on line.Thousands of dads are fighting to be active in their kids lives, from jail and a lot of ex's goal is to keep them in there by filing OPs and having them arrested under false charges. Tell him to hang on and never give up!
250901
No. Legally, you are responsible for him/her. Your only real course of actions would be to try and get relief of custody from the state.
25708
No, your rights are not being violated.\nIf the County has no restrictions, the park manager CAN NOT legally refuse to rent to him based on prior convictions.\nSince a part of his parole and registration requirements are that he keep his parole officer updated as to his address and employment, I'm betting that it's perfectly within the terms of his release to be living there.\nTell your children not to be friendly with him and to tell you immediately if this man approaches them, but leave the guy alone unless he actually does something wrong.\nYou do not know the details of his case, for all you DO know, he was ordered to undergo chemical castration as part of his release or the crime he was convicted of was not quite what it sounds like...Bottom line, he did his time, it's YOUR job to teach your kids not to hang out with strangers and to know the difference between good touch and bad touch and the guy has to live somewhere, if he's keeping to himself, let him be.
633658
In the U.S. male parents'  rights to custody are much abridged compared to females', but this varies from state to state. If you don't tell him and never ask for support, he has no claim.\n\nThe courts only care about the child's perpsective and the child will never know either.  For health reasons fior your child , you should keep tabs on the Dad as best you can, because your child is genetically half him, inherting things like predispositions for various cancers, heart and circulatory problems. Parental medical history is important. Finally, the child might figure out one day that whoever raised him is not his/her biological father. Maybe it will be a blood typing issue, or a looks thing. A psychologist friend of mine who worked with at-risk youth in public schools once told me that regardless of the background and history, the bio-parent is very important to a child. So, you should be prepared to let your child know when they are 18 if not sooner.\n\nThis is off the question a bit; you have an ethical obligation to tell the man you are with now that the child is not his.
497799
I have known other people in similar situations as you are in. One close friend was accused of molesting his daughter by his ex wife. She reported him a few hours after a custody hearing in which she lost.  The child said her father never touched her, the ex and prosicutors convinced a jury the child denied the abuse because she was afraid of the father. He is still in prison for a crime the victim said never happened.  The child is no little kid eather, she was a teen. \n\nPeople need to realize just how false accusations not only hurt the accused but the children too. I wish Americans would wake up and see this sort of thing happens all the time.\n\nThis makes me wonder just how many innocent people are in jail. These people are not going to get freed by DNA testing because there is none. Part of the reason why I became a civil rights activist.\n\nI think CPS has become a tool of the devil and is used to take control of our children. If you can control what the children think you can take over a country. Just look at how uneducated our society is today on Constitutional rights? Your situation is a prime example of many constitutional violations yet we as a society continue to allow it.  Why?\n\nI am sorry I can't give you an answer to quickly solve your problem. The only advice I can give is lots of prayer(and it works no matter what your religous beliefs are) and get a good attorney with experience in these types of cases.
1129107
Courts carefully weigh the best interests of the child in determining visitation and custody.  If the custodial parent denies visitation to the noncustodial parent, the courts will rectify the situation.  If the noncustodial parent should not visit with the child because that parent has a history of violence, manipulation, or drug or alcohol abuse, the courts will supervise and then stop visitation.\n\nIt appears that you are angry about one particular case.  Without knowing the details, it is impossible to say whether justice was or was not done.  However, the system allows for hearings and appeals.  If you have not been treated fairly, there are ways to address that.
83316
Probably yes.  After completion of anger control, domestic violence counseling, and any jail time.  \n\nBut if mom can show that ex is a threat to kids, she can take out a restraining order against him.  \n\nIf ex can convince the judge that he's changed, he is sorry for what he did, and still genuinely care and love the kids, he may be able to get supervised visitation rights.
257325
You should fight to be able to see your daughter. But if permission is granted than you sure as hell don't want to mess up. Don't end up in jail again and behanve and maybe the courts will rule in your favor. And how the hell can you use a computer in jail...
424872
I know at age 13 they have the right to decide which parent they want to live with.  I'm not sure if they have the right to refuse visitation with the other parent though.
557094
Here is the Nevada law on that:\nNRS 62C.010  Grounds for taking child into custody; notification of parent or guardian of child and probation officer; release or further detention of child.  Except as otherwise provided in this title and NRS 484.383:\n\n      1.  A peace officer or probation officer may take into custody any child:\n\n      (a) Who the officer has probable cause to believe is violating or has violated any state or local law, ordinance, or rule or regulation having the force of law; or\n\n      (b) Whose conduct indicates that the child is in need of supervision.\n\n      2.  If a child is taken into custody:\n\n      (a) The officer shall, without undue delay, attempt to notify, if known, the parent or guardian of the child;\n\n      (b) The facility in which the child is detained shall, without undue delay:\n\n             (1) Notify a probation officer; and\n\n             (2) Attempt to notify, if known, the parent or guardian of the child if such notification was not accomplished pursuant to paragraph (a); and\n\n      (c) Unless it is impracticable or inadvisable or has been otherwise ordered by the juvenile court, the child must be released to the custody of a parent or guardian or another responsible adult who has signed a written agreement to bring the child before the juvenile court at a time stated in the agreement or as the juvenile court may direct. The written agreement must be submitted to the juvenile court as soon as possible. If the person fails to produce the child at the time stated in the agreement or upon a summons from the juvenile court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both, be brought before the juvenile court at a time stated in the writ.\n\n      3.  If a child who is taken into custody is not released pursuant to subsection 2:\n\n      (a) The child must be taken without unnecessary delay to:\n\n             (1) The juvenile court; or\n\n             (2) The place of detention designated by the juvenile court and, as soon as possible thereafter, the fact of detention must be reported to the juvenile court; and\n\n      (b) Pending further disposition of the case, the juvenile court may order that the child be:\n\n             (1) Released to the custody of a parent or guardian or another person appointed by the juvenile court;\n\n             (2) Detained in a place designated by the juvenile court, subject to further order of the juvenile court; or\n\n             (3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of children. The supervised detention at the home of the child may include electronic surveillance of the child.\n\n      4.  In determining whether to release a child pursuant to this section to a person other than a parent or guardian, the juvenile court shall give preference to any person who is related to the child within the third degree of consanguinity if the juvenile court finds that the person is suitable and able to provide proper care and guidance for the child.\n\n      (Added to NRS by 2003, 1054)
851665
You're in a divorce proceeding and you don't have a separation agreement in place concerning custody?\n\nget to that lawyer fast, without a custody agreement registered with the court both parents have equal access, rights, etc., including rights to custody.\n\nIf there is no court order and he decides to keep the child a police officer could not help you as there is nothing in place to say he can't keep the child and he has an equal right to be the custodial parent until a court says otherwise.
1133619
I've never been there as a prisoner, but I have volunteered as an ex-offender advocate. Sometimes, that has involved going to the site of their incarceration before release. That is a great idea. Also, children of incarcerated people are a very often overlooked "need" group. Good luck to you.
62765
just because they're in prison, doesn't affect their rights to dispute the facts. If they do not agree, it won't be cheap ( and it likely won't be free no matter what) If its uncontested, and there is no disagreement about separation of assets, child custody & support etc. then you can go to http://www.legalzoom.com/divorce/divorce.asp?sState=Missouri for more information and to obtain an uncontested divorce for $249
1121690
I doubt that incident will make a judge decide to give you custody.\nIt helps your case that he didn't see her. I doubt he'll even go to jail, but I don't have the details I need to make that decision. You are right not to expect too much. The DA will make a decision as to whether this matter will be brought to court. It sounds like you kept your part of the order when you sent your daughter to visit him. Did you know that your son would not be allowed? Did you send your son knowing that your x would not allow that? I am not trying to be dispectful, but am trying to point out possiblies. If you can afford it, hire an attorney to help  you with the matter.
1158989
Wow! There are some people on here who seem pretty sure of themselves.\n\nBefore you decide which of these answers you think is right, check with your state law. Most states only require parental notification once a minor is arrested and/or booked at juvenile hall. If you tell us what state you are in, it can help.\n\nMinors do not have a right to speak with their parents if they are being detained or questioned by the police. Here is part of an article about Miranda rights witten by the Alameda County DA's office:\n\nMINORS: Minors have the same Miranda rights as adults and, therefore, need not be\ngiven any additional information. In the past, there was some confusion over whether\nofficers must notify a minor that he has a right to speak with a parent before questioning\nor that he may have a parent present during questioning. The answer to both is no.\n\nIf your son asked to see you, it doesn't matter. Here is more from the article, including cited case law:\n\nSUSPECT REQUESTS TO TALK WITH SOMEONE: In the past, it was the rule in California that a minor’s request to speak with his mother or father was an invocation of the right to remain silent even if it was apparent he was not invoking.Citing this rule, defense\nattorneys would argue that an adult suspect invoked by requesting to speak with, for\nexample, his probation officer, employer, friend, parent, or psychologist. But as the result\nof Davis and another important Supreme Court case, Fare v. Michael C., these\narguments are now summarily rejected.\n\nAllthough it would have been polite to inform you, they most likely weren't required to. Your question doesn't state where you were when the police came over.
1095009
well, if you are  Man it is unlikely you will get joint custody even if you are a saint.\n\nIf you are a female you have a great chance at getting full custody Even if you have been in jail.  As a matter of fact some prisons allow over night visitation to mothers in prison, never to men.
769874
You should look for a local prisoner's rights organization.