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Can you take away the rights of a parent to sexual abused the children. if so how.

Plant City, FL |

my girlfriend's children father was convicted of lewd behavior to a child under the age of 16. he spent four years. now he is taking her to court of visitation/custody. what can we do. he has never paid child support. and has even filed papers so that the amount that he owes could be forgiven. the children have told me stories of how he used to beat their mother. what can be done.

Attorney Answers 5

Posted

First, child support won't be forgiven. He has to pay like anyone else. Next, he will get timeshare, but you friend needs to ask that it be supervised, in a visitation center for a couple of years if possible, but with a trusted relative if not.

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Posted

He cannot get child support forgiven. And as for time sharing with the child, if he petitions the court he may end up getting some, but I would imagine a judge is going to order it to be supervised. Much more info would be needed so if there is indeed a court action filed I would recommend you consult with a local attorney.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

I agree with my colleagues re: child support. Just because someone attempts to establish some measure of contact or time-sharing does not guarantee success, however, it is likely to happen if not only for short, supervised periods of time. Notwithstanding, you really need an attorney to look at all of your facts---this forum is not geared towards comprehensive case analysis. Thanks and have a great day.

Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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Posted

More information is needed in general but the Court could conceivably allow him visitation time but it likely will be in a supervised setting such as the child advocacy center. He has to pay child support and the Court will not let him reduce the amount he owes or forgive it unless he has proof that he paid it or you agree to give him credit. Your girlfriend should consult with an attorney in the area. Most Avvo attorneys offer a free consultation. Good Luck.

Sincerely,
B. Elaine Jones, Esq.

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Posted

You have to file a petition to terminate parental rights. It is a high burden of proof.

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