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I am a convicted Felon, how will this affect me in getting visitation rights.(lengthy)

Jonesboro, GA |

I am a legal permanent resident(green card) with a felony charge and currently serving 5year IPS(intensive probabtion).Details of the charge is that, I made a false statement that I was a US citizen and was able to acquire a CDL licence in 2008.Being a felony, I went through the court system,bail bonds etc..The judge accepted the first offender and gave me IPS.The wife and I are separated and I have been paying her $700/month(I have all docs)for the past 3yrs and for the twins.She has not taken out child support on me.
The good is that, I own a trucking company and have 1 employee.The terms of the IPS was not to leave my home states..This has put a burden on my income.I went ahead and revealed to my wife about the probation and my income.Was I wrong to reveal to her my situation?

Attorney Answers 3

Posted

The informtion your gave to your wife would probably have come out in the course of a divorce, but the fact that you hid the information through the whole lengthy process might show that you cannot be trusted with giving accurate information to the wife in the future. That being said, there are many parents out and about who have felony probation. Good people do bad things on occasion. Are you a good parent? You have provided financial support but have you been a constant in the children's lives and visited with them often? What is your relationship with the wife, does she think you are a good parent? These things will probably be taken into consideration when you are negotiating an outcome for visitation in the course of your divorce.

DISCLAIMER: This is a general interest posting on a public website, regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone. There is no way the amount of information in a website posting could be sufficient for the poster to provide informed legal advice. If you have legal questions pertaining to your situation, you should discuss them with an attorney, in person, and in sufficient detail for that attorney to provide you with confidential, competent legal advice.

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6 comments

Asker

Posted

I think I need to elaborate on this.I have paid her for the past 3yrs.I l;eft the wife and kids at the apartment because I was not allowed to take my own kids out.(an over protective mother)The last draw was when I forcefully tried to take the older boy out and she called the cops.I was then told to leave althought the lease is in my name.To answer your question, I have never been able to take my own kids out by myself.She wants me back at the house and I am not going back.Will she have a case agaiinst me in seeking visittaion as far as my felony/probabtion.I have afidavits who have said that she needs help.

Asker

Posted

One more thing.I never hid the info.I was with the wife and kids through out the whole process.I left 3 months before the senstence.The I just found out about the IPS 2 weeks ago, and told her a week ago.Nothing was hidden.Some people are telling me I shouldn't have told her.I am not seeking divorce, what I am seeking is unsupervised visitation without loosing my custody.Sorry for omitting the details earlier on.

Tina Marie Richards

Tina Marie Richards

Posted

You will need a lawyer -- is it fair to say that you have had little contact over the past 3 years with your children and just now considering a divorce? Trying to forcefully do anything around children is not a good move, then having to be told to leave by the cops is not going to be seen as practicing good parenting skills. Can you take some parenting classes or perhaps the divorcing parents seminar offered in your county? Your being on felony probation will pale in comparison to your current actions if you do not learn the acceptable parameters of "what to do when you don't get your own way", especially in the presence of your minor children.

Tina Marie Richards

Tina Marie Richards

Posted

Just got your second comment. You do not want a divorce? So who is supposed to be giving you vistation rights? You are 100% the parent, she is 100% the parent, you both have equal rights to the children. No one but a judge can determine the "visitation" or "custody" rights over the parents. To whom were you planning to give the affidavits regarding mom's issues or worried about the felony probation issues you have?

Tina Marie Richards

Tina Marie Richards

Posted

http://www.ehow.com/info_8678529_conditions-deportation-green-cards.html -- FYI check out this website

Asker

Posted

The affidavits would go to the courts in case she presented me as a bad parent.This is whaat I am forseeing.I cannot in the next 2 months I wouldn't be able to afford the $700/month since I cannot fully do my job and due to the IPS restriction , and she will go file for child support.At this same she will paint me as a felon and being on probation and so visitation rights is limited to supervised and she might seek to revoke any custody that i have.I pretty much see this coming.She claims she really needs $1200/month.I havn't seen my kids in 2months since this incident happened and she doesn't want me to come around unless I come with my brother.Without the IPS, I know my rights but now I am confused with this lingering over me.

Posted

You have a few issues going on. You need to consult a family law attorney regarding the child support issue, an immigration attorney regarding the immigration issue you created by pleading guilty to a felony and a criminal attorney to try to get you off IPS so you can work.

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Posted

I do not see a problem with this type of felony and you getting visitation rights with your children. I would also assume that you have "weekend" visitation with the children presently. The crime that you committed really does not appear to affect the best interest of the children, was not a violent crime and not a crime against your children. As you stated you were given first offender status, therefore your record will be sealed after you complete the first offender terms, and you will not be felon on this offense. You should consult with an attorney as to your divorce. In Georgia the marital estate is equitably divided from the date of the marriage until the date of the divorce. This may be a time for you properly look at your trucking company and evaluate the exposure that you have in a divorce.

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