Visitation

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I am dating a beautiful girl who has a 6 year old son. She is about to divorce her husband and is concerned that she won't be able to get joint custody/ visitation because I am a felon. I have been convicted of Delivery of a Controlled Substance in 1989 and Unauthorized Use of a Motor Vehicle in 1994.
 
On the surface, likely not. Ultimately, it is up to the judge to decide whether she is providing a safe, fit, environment for the children. Association with you clearly can be considered in this.
 
Drug conviction is 20 years old, and the other was a non-violent, non-drug conviction?

How long have you been dating? There's a reason for my question....and does Dad know that you're dating?
 
We have been together since December and no, I don't think he knows about us, not that we are in hiding. He is in Austin and we are over a hundred miles away. Yes the Unauthorized Use of a Motor Vehicle charge is non-violent and non drug related. In Texas, it is only a state jail felony. Actually, that is all both convictions are now. We do not live together and it will be a while before we can. Thank you for your time. BTW, we have known each other since high school.
 
This really might boil down to the judge.

While your criminal history isn't a big deal, Mom hooking up with a felon before she's divorced might suggest that Dad is the more stable.

What is it Mom wants? Is she okay with Dad being primary? Who are the kids with now?
 
Son is with his father and that is fine. He is a good provider. Mom just wants her visitation rights. As for the divorce, there is no reason why I would be involved.
 
(You can become involved because Mom is, legally, committing adultery - some Texas judges seriously frown upon that when it comes to exposing the children to the new paramour).

She should be able to get visitation without a problem; whether or not it would be supervised or whether or not you would be allowed around the children is a different matter.
 
Thank you so much for your time. You were very helpful. Yes, we are aware of the "adultery" issue but since he has his own issues, we don't feel that it would be in his best interest to get me involved. His best bet is to realize that all she wants is her name and visitation and that is not too much to ask for.
 
I tend to agree - there should be no reason, in my opinion, why Mom can't visit with her kids. She WILL be able to take her maiden name, too.

Even if Dad gets a "no paramour" clause (which would mean no adult sleepovers while the kids were present), it would generally only last until the divorce was finalized....unless Dad can convince the court that Mom shouldn't have ANY unwed sleepovers.

That can be ordered, too - so I suggest Mom speaks with a local attorney.
 
She has an appt. Friday with the attorney. She could ask for a lot more but just wants to get this over as quickly as possible. I am going to spend some time this week brushing up on family law because the man is an idiot and I think he should be shown right away that he does not have a leg to stand on, even with me in the picture. It would be in his best interest and the child's best interest to accept the terms offered and move on. This marriage has been over for years so it is not as if I showed up and ended it. She and I were high school sweethearts that re-connected after many years and though it angers me to know that he has mistreated her so badly, I am smart enough to know that it is best if I stay behind the scenes and out of the picture completely if possible. Thanks again for your time and help.
 
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