Legal Question in Family Law in California

Felon wants visation

I desire to vist my child. I am married with a child from a previous marriage. We are a happy family with a stable income-not wealthy, not poor. Here's the problem: When I was divorcing the mother I committed a crime and slept with an underaged 16 girl. I was charged with a felony for unlawful sexual intercourse with a minor. I went to jail for 18 months, did treatment and probation for five years. I am afraid to get my hopes up. Will I have any chance at being able to see my child again? The mother has stated she'll see me dead and in jail again first and informed me that she filed a report (while I was in jail) that I had touched her other children, beat them and used drugs in front of them. All of this untrue (and no charges were filed) and I am willing to do whatever the courts say I have to do to have a change to see my son. But should I even try or is the risk to great and I give-up now. Sorry for this being so long but not sure what else to do and wanted you to have a clear picture of what is going on.


Asked on 10/23/00, 11:00 pm

1 Answer from Attorneys
Tracy Duell-Cazes Law Offices of Tracy Duell-Cazes

Re: Felon wants visation

This is going to be an up-hill battle for you.

You did not say how long it has been since you have seen your son.

Because of your conviction the law says that there is a presumption against you having custody of your son. The court is also going to be very careful in allowing you access to your son saying that unsupervised contact at this time may not be in his best interest.

If you have complied with all of the terms of your probation/parole and have successfully terminated it, this will be a big help. You will also need to be prepared to jump through whatever hoops the court may impose (i.e., supervised visitation, counseling, psychological evaluations, etc.)

The process will be costly, but if your goal is to establish a relationship with your son, it is better to start the process and make the attempts, than to wait until is an adult.

Given what you have posted, you should also consult with an attorney who practices in the county where your divorce was filed.

If you are in Santa Clara County, you can contact my office at 408-287-8484 to discuss this further and in private.

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Answered on 11/15/00, 6:57 pm


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