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can I be forced to take my child to visit her dad in prison

Anonymous
Posted by Anonymous
  • 21 Replies
My 8-year-old has truly no relationship with her father. She hasn't even seen him in over a year. But now he is gone to jail on a drug related charge (He had nothing to do with drugs when we were together). now he has decided he wants to see her. the major problem is. The prison he is in is 5 hours away. I am now married with two other children. obviously driving 10 hours for a 2 hour visit would be next to impossible for me. On top of the inconvinence that's a lot of money and gas. However I got paperwork from his attorney saying that they're petitioning a judge to order me to do this. He expects me to do this once a month. For the record he has not paid a dime in child support in 3 years. is it likely that a judge will order me to do this? If i dont do it what will happen? I truly don't know how I would be able to make it work. There are very limited days that children are allowed to visit so I would either have to do it on a day my husband is not working so she can watch her younger two children or pay for childcare. Not to mention my youngest is breastfeeding so that adds a whole other issue. I just don't think it's right to expect me to go to this much trouble and this much expense to take her to see him when he chose not to see her. she has no interest in seeing him and does not ask about him my husband is her father now as far as she is concerned
Posted by Anonymous on Jul. 30, 2014 at 4:27 PM
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Replies (1-10):
Anonymous
by Anonymous 1 - Original Poster on Jul. 30, 2014 at 4:27 PM

BUMP!

Danesmommy1
by Grammar Enthusiast on Jul. 30, 2014 at 4:29 PM
God, I would hope not. I imagine visiting jail would be a huge PITA.
Glitter_Shart
by Gold Member on Jul. 30, 2014 at 4:30 PM
If they are taking you to court, I highly doubt a judge will grant his request.

If you are ordered to take her and don't, he can take you back to court, and they may or may not find you in contempt.

It's just a matter of seeing what happens if and when you go to court.

How is your husban dealing with this?
Anonymous
by Anonymous 2 on Jul. 30, 2014 at 4:31 PM

Judge isn't going to force it. They are interested in the best interest of the child. Jail is not in the best interest. 

Anonymous
by Anonymous 3 on Jul. 30, 2014 at 4:31 PM
I can't see a judge ordering that. And the attorney is a moron for petitioning the courts with dumb shit like that. A jail is not a place for children.
kgbm13
by Bronze Member on Jul. 30, 2014 at 4:31 PM

Get a lawyer yourself and a guardian at litum for the child.  With history of no support, no visits it is unlikely he will be granted them.  But go talk to someone.

Jsmith06040
by on Jul. 30, 2014 at 4:32 PM

You need to answer any complaint that you are sent and tell them exactly what you posted here. The judge SHOULD take all of that into consideration. Really this will all depend on the judge. But your situations need to be made known to the judge ahead of time so that he can review the facts.

caligirl7613
by Ruby Member on Jul. 30, 2014 at 4:32 PM
Child support has absolutely no bearing on visits. I doubt the judge would order but IF he does and you don't comply you can go to jail yourself. But I doubt the judge would order the visits.
redneck.crazy
by on Jul. 30, 2014 at 4:32 PM
Seriously the lawyer must be seriously bored and desperate.

Quoting Anonymous: I can't see a judge ordering that. And the attorney is a moron for petitioning the courts with dumb shit like that. A jail is not a place for children.
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Anonymous
by Anonymous 4 on Jul. 30, 2014 at 4:33 PM
Make sure you tell all of this to the judge. I personally don't think he should have a right to see his child if he hasn't paid a penny in support all these years. Also with 2 other smaller children that could be very traumatic. Good luck and so that you don't forget anything make a written list.
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