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To: ravingnutter; dixiechick2000
actually that is not precise....at least not in Florida

the guardian ad litum would be appointed not for the pending drug charges but simply to give the baby an objective voice between disputing parents if it comes to that

folks with felonies pending or convicted or just out of prison etc have the same rights to custody and visitation as anyone else normally unless it can be proven it's relative to endangering the child which more often involves abuse to the child not a crime committed by the parent.

I realize it would seem conventional wisdom but it's not.

I know because I lived this in Dade County family court in 1996, I'm not making it up.

Whether or not a court mandates pre sentencing drug testing or not has nothing to do with the fathers or the grandparents visitation unless they are endangering the child.

...and that will require proof.

that may vary state to state but in Florida it doesn't and in libertarian Alaska I bet it doesn't change much

I don't know one felon who has ever lost custody or even had it diminished any unless abandonment or abuse was involved.

And how the boy's mom acts even with a drug problem has nothing to do with him being allowed to see a child he fathered.

But that does bring up another issue which this time I have no experience with. What rights does the unwed father have in Alaska?

Don't know.

125 posted on 04/10/2009 6:18:02 AM PDT by wardaddy (America, Ship of Fools)
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To: wardaddy
Apparently it is different in Texas...engaging in dangerous behavior, such as drug and alcohol abuse, can be grounds for terminating a parent’s rights, much less a grandparent's or visitation rights. They would have to jump through the hoops, going to drug counseling and being subjected to drug testing in order to keep their rights.

Grounds for Termination of Parental Rights Texas Statute: Family Code §§ 161.001; 161.003(a)

Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child's Best Interest

Felony assault of child or sibling Murder/Manslaughter of sibling child

I personally know of one local case where the parents were manufacturing meth in the house with the kids there, which is similar to the charges against the grandmother. They both went to jail, their parental rights were terminated and the children were adopted by an aunt and uncle.
128 posted on 04/10/2009 7:24:57 AM PDT by ravingnutter
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