MY SONS FATHER WAS ARRESTED FOR SEXUAL ABUSE TWICE WITHIN A YEAR HES BEEN IN PRISON FOR SEVEN YEARS WHAT RIGHTS DOES HE HAVE?

Q: THE FIRST ARREST WAS FOR HAVING SEX WITH A 13 YEAR OLD IT WAS SETTLE A MONTH LATER HE WAS ARRESTED AGAIN FOR THE SAME THING DIFFERENT GIRL (16) HES BEEN IN JAIL FOR SEVEN YEARS GETS OUT IN A FEW MONTHS I HAD TO BLOCK HIS MAIL FROM JAIL CAUSE HE WOULD THREATEN ME WITH CALLING ACS ON ME AN TAKING HIM AWAY FROM ME FOR NO REASON I HAVE SAVED ALL THE LETTER HE FILED FOR A DNA TEST BUT IT WAS DISMISSED CAUSE I COULD NOT SHOW DUE TO THE WEATHER I LIVE IN NY AN WOULD LIKE TO KNOW HIS RIGHTS I DO NOT TRUST HIM WHEN HE DOESNT GET HIS WAY HE GETS ANGRY AN SPITEFUL HE MIGHT KNOW WHERE I LIVE AND IM AFRAID OF HIM SHOWING UP HIS FAMILY BARELY SEES THE CHILD OR CALLS FOR HIM I WORK AN PROVIDE EVERYTHING FOR MY CHILD


A: David's Answer: First, the Court would certainly take into consideration any conviction for sex abuse he may have. I thus suggest you get a copy of the certificate of conviction (especially if it occurred in another state). Second, there mere fact that he has such a conviction would not necessarily deny him visitation rights. Indeed, there was a very recent Court of Appeals decision stating the same thing. Thus, I would suggest that you counter any visitation filing he makes with a petition for child support, as with (theoretical) rights come responsibilities.  -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)