visitation rights of jailed father?

[LesleeLu]

What is the name of your state? PA

My daughter has custody of her 2 daughters, ages 2 and 4. My former son-in-law has been incarcerated for the last 8 months - we don't know why. He was released from jail 3 days ago.

The custody agreement states that this is his year to have the girls for Christmas, but they haven't seen in in almost 10 months. They are supposed to spend the weekend with him (he lives 3 hours away), and they have never even spent the night with him before.

He has not paid child support for over a year and is in arrears in excess of $3,000.

My daughter fears it will be traumatic for the girls to go to their dad's for the entire weekend...does she have any rights?

 

[hexeliebe]

The custody agreement states that this is his year to have the girls for Christmas, but they haven't seen in in almost 10 months. They are supposed to spend the weekend with him (he lives 3 hours away), and they have never even spent the night with him before.

O.K. for the 1,000 th time on this forum, visitation is a RIGHT, not an obligation. It matters not one bit to the court that the father has not exercised his 'rights' before. For whatever reason. The simple fact is he has the right, stipulated in the visitation order, to have the girls and if your daughter frustrates this right, she is in contempt of a court order.

He has not paid child support for over a year and is in arrears in excess of $3,000.

This has no legal bearing on his rights to visitation. Custody, visitation and support are all legally separate issues to be delt with individually.

My daughter fears it will be traumatic for the girls to go to their dad's for the entire weekend...does she have any rights?

Yes, she has a right to her feelings, she has a right to speak with the girls about letting their father have a chance to get to know them and she has a right to any and all support from you.

She does NOT have a right to keep the father from his daughters and she does NOT have a right to decide how and when he will exercise his right to visitation.

 

[I AM ALWAYS LIABLE]

What is the name of your state? PA

My former son-in-law has been incarcerated for the last 8 months - we don't know why.

MY RESPONSE: Sure you do! You're just unwilling to say for some reason; however, it may have a direct relation to my ultimate response. So, if you really don't know, you had better find out.




He was released from jail 3 days ago.

MY RESPONSE: Good for him!



The custody agreement states that this is his year to have the girls for Christmas, but they haven't seen in in almost 10 months.

MY RESPONSE: And, your point is?



They are supposed to spend the weekend with him (he lives 3 hours away), and they have never even spent the night with him before.

MY RESPONSE: Well, if that's what the court ordered visitation schedule says, then that's what it is. It will be a good learning experience for the kids.


He has not paid child support for over a year and is in arrears in excess of $3,000.

MY RESPONSE: What's the relevance of that statement? Child support has nothing to do with his right to visitation. Could it be that he wasn't able to pay due to his incarceration? If your daughter wants her money, then it's up to her to enforce the child support order.


My daughter fears it will be traumatic for the girls to go to their dad's for the entire weekend...does she have any rights?

MY RESPONSE: It's not about "her fears." It's about HIS rights to see his children, and their right to know their father. As long as there's a court order for visitation, the kids must go. If your daughter violates the court order, then she's going to get herself into hot soup with the court - - it's called "Contempt of Court". If she violates the order, she could end up paying a hefty fine, or go to jail, or both. You don't screw around with a judge's orders.

IAAL

 

[LesleeLu]

Thanks for being so incredibly insensitive!!

I was only looking for a little advice on what options were available. The insults, condescending tone and judgements were completely unnecessary.

I don't recall asking for anyone's opinions about me, my son-in-law, my child or her children. So much for compassion and sensitivity.

 

[hexeliebe]

I see nowhere in your post where you asked for compassion and sensitivity. In fact, if your daughter does what she is leaning towards, and that is keep the girls from their father, the court will have even less compassion and sensitivity than we showed you.

The plain fact is lady, the law is the law. If you want a hug go to oprah.

 

[I AM ALWAYS LIABLE]

Re: Thanks for being so incredibly insensitive!!

I was only looking for a little advice on what options were available. The insults, condescending tone and judgements were completely unnecessary.

I don't recall asking for anyone's opinions about me, my son-in-law, my child or her children. So much for compassion and sensitivity.

My response:

By copying and pasting our statements in a new response, please explain and "qualify" any statements we may have made that constitute "opinions" - -

1. About you.

2. Your son-in-law.

3. Your daughter.

4. Your granddaughters.

Also, please state what you feel were any statements that were less than "compassionate" and/or "sensitivity".

IAAL


P.S. By the way, you received excellent "legal opinions" from us, which were based upon known, and sound, principles of law. And that's what you asked for, and that's what you received. Now, if you didn't like the "delivery" or phrasing, I can't help that - - other than to say, "Get yourself some thicker skin."

 

[LesleeLu]

no point

No point in continuing this. I was looking for real help and did not find it here. My daughter is not "leaning toward" anything. Please don't make judgements based on limited information.

Thank you.

 

[hexeliebe]

And what kind of "HELP" were you looking for? You got the only legally valid answer you can get. And if you spend $500 for a local attorney he or she will tell you the same thing.

It may not be what you wanted to hear, but that's not our job here. What we do here is give you the interpretation of the Law. Plain and simple.

And at this point, if your daughter does anything but send the girls to visit their father, she will, at a minimum, face a judge for contempt of a valid court order, and at worse, spend some time in jail herself.

Complain all you want, but if you want another answer you're not going to get it.

 

[HomeGuru]

Some people, they just don't get it.

 

[I AM ALWAYS LIABLE]

Re: no point

No point in continuing this. I was looking for real help and did not find it here. My daughter is not "leaning toward" anything. Please don't make judgements based on limited information.

Thank you.

My response:

Sometimes, it's necessary to "make judgments" in order to fill in the blanks, due to "limited information." If there is "limited information" given by you, and you received an incorrect answer from us based upon that limited information, then you only have yourself to blame.

However, you were the one that said, "My daughter fears it will be traumatic for the girls to go to their dad's for the entire weekend" - - the implication being that she may DECIDE not to let the children go with their father.

IAAL

 

[OnlyOneVoice]

The only hope you have is to discover why your son-in-law was incarcerated and determine if that particular offense could indicate that he is a danger to his children.

Even then she would have to petition the courts and I doubt anything can be done in the next 3 days unless you have huge bankroll and attorney with nothing to do for the next 2 days except attempt to get a stay on the order until a full hearing can be conducted.

If he was incarcerated for something incredibly dangerous that could endanger the children you might have a slim hope of temporarly staying the visitation.

Good luck! But I would encourage you to get your check book and a pen and head for the bitchiest lawyer's office in your area and do it now or Wednesday, the girls will be headed to their father and there won't be a hill of beans you can do about it.

 

[LesleeLu]

Well then, I thank you for your interpretation of the law. Have a Wonderful Holiday!

 

[hexeliebe]

How much does anyone want to bet that we'll see her in about four days asking why her daughter is in jail and the ex has the children?

 

[I AM ALWAYS LIABLE]

Well then, I thank you for your interpretation of the law. Have a Wonderful Holiday!

My response:

We will, and the same feeling and sentiment back at you, your daughter and the kids!

IAAL

 

[lissa68]

It amazes me........

People ask for advice, then get pissy when you don't tell em what they want to hear.

How can the truth be judgemental and condesending?

Its the truth, deal with it.

Sorry you didn't get coddled and told that your daughter should withhold the kids cause she feels like they haven't seen him in 10 months and its not a good idea, no its called denial of visitation, which he can turn around and file contempt charges.

The law is the law, no easy loopholes or advice to make you feel warm and fuzzy.

JMHO


Lissa 68