I am trying to gain visitations rights to my 5 year old daughter whom currently lives in the mothers custody. I went to prison after she was born, her mother got married and had more children while I was away. When I came home she decided when I could see my daughter based upon her husband because he wants her to keep me from my child and they both are trying to get me out of character so I'll be locked away again. My choices right now are go see my daughter and risk going back to prison or stay away. I need help to figure out how can I get rights when I know they are going to bring up my criminal history.
The first thing you need to do is consult with an experienced family law attorney in your area to advise you on your best course of action. A Petition to Establish Paternity will need to be filed which would allow for a parenting plan and timesharing schedule to be put in place. You are correct that your criminal history will be used against you however an attorney can give you an idea of how much of a problem it may or may not be. I wish you the best of luck.
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