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  #1 (permalink)  
Old 07-30-2008, 11:36 PM
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Unhappy My childs right to see her siblings!!!

i need to know what my childs rights are to see her siblings. Her brother and sister have a different father and he won't let them come around me. He will also not let their mother see them either and is being very difficult and spitefull toward my fience'. I was charged with shild endangerment against his little girl(my daughters sister) and was found guilty of it. Both my fience' and I need to know what to do. i am desperate. We are recording her phone calls with him when she ask him to talk with the kids and we are keeping a log of the conversations. He tries to keep her on the phone and won't let her talk to the kids. What do we do?
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  #2 (permalink)  
Old 07-31-2008, 05:01 AM
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Originally Posted by jerod13 View Post
i need to know what my childs rights are to see her siblings. Her brother and sister have a different father and he won't let them come around me. He will also not let their mother see them either and is being very difficult and spitefull toward my fience'. I was charged with shild endangerment against his little girl(my daughters sister) and was found guilty of it. Both my fience' and I need to know what to do. i am desperate. We are recording her phone calls with him when she ask him to talk with the kids and we are keeping a log of the conversations. He tries to keep her on the phone and won't let her talk to the kids. What do we do?

Spiteful? I'm can only IMAGINE how I would feel toward the person who was convicted of putting MY children in danger--spiteful wouldn't begin to cover it, I suspect. You are desperate? Where was that desperation when you were engaging in acts that resulted in your being charged and convicted of child endangerment? I am surprised you have retained custody of your OWN children with a charge like that on your record.

Your posting is very confusing. You say YOUR childs father won't let your child come around you? Or won't let your childs half siblings come around you? He won't let whose mother see them? I thought YOU were the mother? If he doesn't let his "other baby momma" see them, that has no relevance to your situation--that is something she has to address through the courts, unless, of course, she lost custody because of HER checkered past.

Your story reminds me of a news story I saw this week where a prisoner in jail begged to get out to see his dying wife. The wife didn't commit a crime, and people argue HER needs as a dying woman surpass the states need to punish this guy. However, he was deemed a danger to society and has been, so far, refused the right to go see her. So many people are blaming those who are enforcing the law----and very few are saying, "Wow, this guy committed a crime, the result of which is that his wife is dying alone"----the "bad guy" isn't the state, the bad guy is the one that committed the crime.

Parallel time----YOU committed a crime against a child. That child's father ( NOT YOUR CHILD) has a right and a duty of care to protect that child from what the state has identified as a credible threat to the childs health, safety, or well being. YOUR child's 'right' to see his or her sibling doesn't outweigh THE HALF SIBLINGS right to be safe and protected from YOU.

Now, if you had been convicted of, oh, say, failure to pay traffic tickets, or something like that, you could argue that there was no threat to the child and you could encourage the relationship between both children without any perceived risk to the half sibling. BUT, being identified as a credible risk to this child---you want to know how to get her close to you again and call it YOUR childs right ?

Perhaps the ramifications of your actions should have been a bit more important to you BEFORE you did whatever it was that brought child endangerment charges against you in the first place. If you had thought of the sad reality of the results of your actions on not only the half sibling, but also on your own child, perhaps you would have acted in accordance with the law.

Bottom line---whether you want to hear it or not---sure it would be nice if your kid got to see his or her half sibilings. But, is that some kind of legal right? I'm betting not. But lets be clear---sharpen the focus on this situation. The half siblings dad has a LEGAL RESPONSIBILITY to protect HIS child ( not your child ) from anyone who has been charged with child endangerment---you REALLY think he should hand the kid over to someone who, according to the state, engaged in activities that could have been hurtful to the child? What parent in their right mind would turn their kid over to someone found guilty of child endangerment?

Unfortunate by product of broken homes----broken children who suffer because of their parents inability to be responsible, and consistently put their childs best interests above their own.

One more thing to consider--the issue of recording phone calls. You don't say the state in which you reside ( you do know laws are different from state to state, right?) but in some states it is against the law to record someone without their knowledge or consent. Wouldn't that be a fine how-do-you-do---you whipping out illegal phone recordings in an attempt at convincing a court that this man needs to allow his child contact with people convicted of endangering him/her--in the best interests of the children, of course. If illegal in your state, HE could press charges against YOU if he ever finds out about the recordings. Big gamble in a senseless fight, one in which you have no legal or moral grounds on which to stand.

Ironic you are posting here about what you think is the best interests of YOUR child, but are doing so at the peril of another child. Think about it.

Last edited by GentleGrace : 07-31-2008 at 05:10 AM.
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Old 08-15-2008, 10:19 AM
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Face it, Grace, with your improved demeanor, you missed a chance to dis this lady who is trying to get a legal brain to help her get reinvolved with a family she had little regard for in the instance where she put them in danger. She resents being put out of touch. She needs help, but not to get in touch or to let the child be in touch. She needs to talk to a counselor. She needs to understand why her actions are NOT going to be forgiven... at the very least until she accepts that they were unconscionable enough for her to be convicted, and maybe never, and no amount of legal help is going to get her reinvolved. PERIOD. Without her acknowledgement of the danger she is a poor candidate for motherhood too.
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Old 08-15-2008, 05:07 PM
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Originally Posted by boykinmama View Post
Face it, Grace, with your improved demeanor, you missed a chance to dis this lady who is trying to get a legal brain to help her get reinvolved with a family she had little regard for in the instance where she put them in danger..
Improved demeanor? My demeanor hasn't changed MY POSTING WAS WRITTEN BEFORE YOU EVER CAME TO THIS FORUM. See the date? Improved from what?


Quote:
Originally Posted by boykinmama View Post
no amount of legal help is going to get her reinvolved. PERIOD..
But, above you said, ".... trying to get a legal brain to help her get reinvolved with a family she had little regard for...." now you say "no amount of legal help is going to get her reinvolved".

So, if she is looking for a legal brain to help her, but "no amount of legal help is going to get her reinvolved", what are you snarling about? I never implied she didn't need counseling, and I never suggested she NEEDED to be in touch. I didn't address HER psychological well being at all.

Was I supposed to?

*head scratch*

The point of the posting was the issue of the children being able to see one another. And, I do believe I thoroughly covered all the bases when I explained why they could not, and should not.

QUOTE:" Perhaps the ramifications of your actions should have been a bit more important to you BEFORE you did whatever it was that brought child endangerment charges against you in the first place. If you had thought of the sad reality of the results of your actions on not only the half sibling, but also on your own child, perhaps you would have acted in accordance with the law. "

I don't understand why you are telling ME she is a bad mother, or telling ME she needs counseling , or telling ME she needs to be in touch. Why are you addressing me instead of her? I did not comment on any of those things. If you think she needs counseling, tell her. If you think she needs to understand what she did was wrong, tell her. Not sure why you are talking TO me ABOUT her. In fact, ya lost me right after the word "dis".

Last edited by GentleGrace : 08-15-2008 at 05:13 PM.
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  #5 (permalink)  
Old 11-19-2008, 01:42 PM
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Unhappy gawjuz_gurl

ok well i have AVO against my step dad, so i live with my dad. Recently my mum and step dad had a baby, and i dont really get to see her. my step dad cant be trusted with a daughter, and i want to know what rights i have to see my sister?
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  #6 (permalink)  
Old 11-20-2008, 06:14 AM
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Originally Posted by gawjuz_gurl View Post
ok well i have AVO against my step dad, so i live with my dad. Recently my mum and step dad had a baby, and i dont really get to see her. my step dad cant be trusted with a daughter, and i want to know what rights i have to see my sister?
An AVO? In what country do you reside? Are you in Australia? I suspect you are not in the USA.

While it would be nice if adults actions didn't adversely affect innocent children, the reality is, they do. Children have no legal right to see one another.

Also, the determination as to if your step father cannot be trusted with a daughter is one a court needs to make. Obviously, you are entitled to your opinion, but from a legal standpoint, unless a court somehow makes that determination, he has every legal right that anyone else does to parent a child.


Have you given some thought to arranging opportunities to visit with perhaps just your mother and the child? Perhaps a visit to the park? Or a get together while step dad is at work, or on the road, or otherwise out of the picture?

To be honest with you, I have no idea why a woman would have a child with a man who, from what you said, was violent with another one of her children in some way. Perhaps your mothers judgment should be in question as well.
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