Southern California Family Law Attorney Blog

Regardless of whether or not a child’s mother and father have an amiable relationship, in most cases, both parents have rights when it comes to their child, the least of which is the ability to see and interact with them. For any number of reasons, however, a custodial parent may decide they do not want the other parent to see the child, which often prompts non-custodial parents throughout the Inland Empire, and the U.S., to take legal action to obtain visitation with their child.

A man in prison who was seeking access to his child reportedly had his request denied by a New York judge recently. The death row inmate was pursuing paternity action in order to seek court ordered visitation with his son. He and a female prison guard reportedly conceived the child during an inappropriate relationship they participated in between March and April of 2012.

According to reports, the judge ruled that, because the child was conceived while he was in prison, he does not have any legal standing to pursue his parental rights. The judge reportedly felt that the child would only suffer if exposed to his father and the crimes he was convicted of. The man is set to die by lethal injection for the murder of two undercover NYPD detectives in 2003.

There are always exceptions, but for the most part, both mothers and fathers have parental rights. If you are involved in a custody dispute, are being kept from your child or feel your parental rights are in some other way being infringed on, it may be of benefit to consult with an experienced attorney. A lawyer will look out for your interests, as well as explain your options and help you determine how best to proceed.

Source: The New York Post, "Cop-killer Ronell Wilson 'civilly dead,' has no right to see son", Selim Algar, Oct. 4, 2013