Inmate father's right to visitation

[Annalizabeth]

Utah. If a man is in prison serving 5-life, can he still demand visitation rights for his daughter, if he previously had visitation rights before incarceration? Can the mother of the child legally refuse visitation to the daughter?

 

[LegalBeagle]

Utah. If a man is in prison serving 5-life, can he still demand visitation rights for his daughter, if he previously had visitation rights before incarceration? Can the mother of the child legally refuse visitation to the daughter?

Yes he can demand visitation. The mother should go back to court and have the custody/visitation agreement changed.

 

[Annalizabeth]

Thanks for your advice. I'm actually on the side of the father though. Trying to see what he can do to be able to see his daughter. Another question...can the mother and new husband legally adopt the child without consent from the father in prison?

 

[LegalBeagle]

Thanks for your advice. I'm actually on the side of the father though. Trying to see what he can do to be able to see his daughter. Another question...can the mother and new husband legally adopt the child without consent from the father in prison?

Well, it depends on his crimes. If they are of a violent nature then the mother could get his parental rights terminated.

As to the visitation, if he wanted to see his daughter, then he should not have committed a crime. He is going to have a hard time maintaining a relationship when he is in prison for at least 5 years.