My son is in jail for an aggrevated DUI,, his wife filed
for divorce and wants sole custody with supervised
visitation based on her statement that he is "psychotic
and an extreme danger to the children. Both my son nad
his wife have been abusive with each other, he was charged
with aggravated assult on one of her friends, his wife
with spousal battery against him. He does not want tolose
his three children; howver being in jail for two more
years places a burden on him and his chances of not having
his parental rights taken away. Does he stand a chance of
getting rights to communicate with his children through
mail and phone calls?
I do want to mention that his wife found a new man, got
preagnant and lives with her new man, and he has a weird
habit of walking around my grandchildren, who are 5, 8, 12
completely naked. We object to having our grandaughter
exposed to this man's nudity and we consider it lewd and
improper, our concern is will the court consider this
behavior improper? The oldest child has said it makes him
feel weird that this man walks around naked in front of
them. We know this is a fact because he came out naked in
front of me and my daughter. She has now hired a lawyer
and frankly, I don't know if my son stands a chance to win
some rights to have communication with his children.
I don't know what to think or do, is a lawyer needed?
So, neither your son or your former daughter-in-law are too swift when it comes to parenting.
If your son is in jail for two years, the mother will have an easy time getting sole custody; if only looking at the two of them.
It sounds like the mother has some issues, however, and the court must decide what's best for the kids.
On one hand, dad is out of the picture for a couple years, so obviously he can't be a parent.
On the other hand, mom seems a bit volatile and has allegedly permitted a grown man to repeatedly expose himself to her children, which may be a sex crime. At the very least, it's extremely weird and certainly not healthy for the kids.
So, what can a concerned grandmother do in such a situation?
If there are other custody arrangements that can be made-- such as with a nearby relative who is close to the kids-- the court may consider that, but it's a tough case to argue.
There are enough different factors going on in your case that you should consult with an experienced family law attorney in your county.
One of the minor issues is to figure out what relationship the father should have with the kids during his imprisonment and after it.
The major issue is to figure out what happens to these kids right now, because it doesn't seem like an ideal home is readily available.
This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.