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Legal Question about my 5 year old daughter.. Please help!

My daughter is 5 years old. Her biological father has been in and out of jail her entire life (He was incarcerated the day she was born.. he didn't meet her until she was almost 2 months old) I left him when she was 4 months old, and met the man she calls Daddy today. We have since had two boys, and he has been such a great father. She has court ordered visits with her biological father every Sunday from 12pm - 8pm supervised by her paternal grandparents, at their home, where he lives. Currently, he is serving 2 years in state prison on a mayhem charge (He bit off a man's ear) He has an abusive record, and he's a drunk. He's been to jail, rehab, mental hospitals.. none of which helped him apparently. It has been 7 years since I met him.. he is now 27 years old.. and still hasn't grown up. Anyway.. while serving his sentence in STATE PRISON.. he filed a motion with the court, trying to get a judge to order him visitation while in PRISON! Who else thinks that this is obsurd! She is 5 years old.. and only saw him once a week for 8 hours, if and when he wasn't in jail. I told him I would never willingly allow this.. and now he's bringing me to court. I live in Massachusetts.. what do you think will happen? Do you think a judge will allow this? I don't have the money for a lawyer.. I'm freaking out because I don't want to put my daughter through this.. Do you think that there is a judge out there that would actually allow this to happen? I could see if he had custody of her, or was actively in her life on a daily basis... but 8 hour visits once a week? And before that, it was 4 hour visits every other week. What do you think, and what should I do!?


Asked by momofthree3708 at 2:53 PM on Jan. 22, 2013 in General Parenting

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Answers (16)
  • feralxat

    Answer by feralxat at 3:52 PM on Jan. 22, 2013

  • No judge in their right mind would agree to that, I would also try to have it so he could never see her again. Tell them you fear for her safety

    Answer by funlovinlady at 2:55 PM on Jan. 22, 2013

  • children dont belong in jails/prisons to see their so called"parents"
    I would file a motion for his rights to me terminated. If you can prove how unstable he is you might have a chance. Him being in prison for his current charge wont help his case

    Answer by LostSoul88 at 3:01 PM on Jan. 22, 2013

  • I don't see any judge ordering you to take her to see him in prison. Frankly, I'd be using this as a reason to try to eliminate the visits altogether. He bit off someone's ear - that does not sound like someone I'd want around my kid. And I think a judge could be inclined to agree.

    I wouldn't worry about him taking you to court, though. No sane judge is going to make you take a 5 yr old to prison - aside from how scary it would seem, there's too big a risk - look at all the fights that break out, and then the prison goes on lock down - and a 5 yr old would make a perfect hostage. No way would a judge tell you to take her into a place with that kind of potential.

    Answer by wendythewriter at 3:05 PM on Jan. 22, 2013

  • Find a legal aid limit, they can help

    Answer by funlovinlady at 3:19 PM on Jan. 22, 2013

  • Legal aid is your best resource...go get help.

    Answer by Nimue930 at 5:11 PM on Jan. 22, 2013

  • I hate to tell you this but I have seen cases where judges will order visitation to an inmate. However, The inmate has to provide transportation arrangement for the child. A case last year here went to the appeals court because the judge tried to order the other parent to take the child for parental visits. In the end the inmates Mother agreed that she could take her once every two weeks and that is what got ordered. If there is any way for you to get an attorney I would.

    Answer by GrnEyedGrandma at 3:07 PM on Jan. 22, 2013

  • Oh god, I didn't even think of that.. that makes me even more scared! I have thought about terminating his rights.. but it's really difficult to do even in these circumstances.. and it's very costly as well.. and I am not able to spend the kind of money it requires.

    Comment by momofthree3708 (original poster) at 3:08 PM on Jan. 22, 2013

  • You NEED a lawyer!!!!!!!

    Answer by Crafty26 at 3:09 PM on Jan. 22, 2013

  • I can't afford a lawyer. I owe my lawyer $500 from the last court case involving my daughter.. and I'm not able to pay it.. he wont work for me unless I pay him off, and then pay more.. I can't afford that.. that's my biggest problem.

    Comment by momofthree3708 (original poster) at 3:11 PM on Jan. 22, 2013

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