Can a man who is in prison, ask the court,  for visitation if the mother doesn't want the child to visit? Oh?
482866
A conviction does not automatically curtail parental rights.\nYes, a father who is in jail or prison can petition the court for visits with his child (blood or adopted).\nIf the custodial parent or guardian is unwilling or unable to facilitate such visits, the court can appoint a third party to do so.\nIf the child is under a certain age, the courts may want an independant evaluation to determine whether such visits are in the best interest of the child and if the child over a certain age, the courts will interview the child and give weight to their wishes... not the final say, but their voice will be heard.\nThe exception is that if the conviction was for crimes against a child, the inmate may not have minors visit him in most cases.\n\nEven in prison, a parent is still a parent, with rights.
962604
Good luck!It's not gonna happen,the prison won't tell you if the person is in there.They cannot give out that type of information.They will assume you are trying to help the person break out or are after the person for some type of vendetta.
748070
Your father is a convicted prisoner, appeal or not appeal, and that is how he will be treated.  \n\nI've found a link which spells it all out in very simple terms.  http://www.adviceguide.org.uk/nm/p_prisoners_-_visits.pdf\n\nAll the best to you and your family.
849223
My eldest child had supervised visits with their father and there were many reasons for it.  They were very young when the visitation started.  Their father was drinking and doing drugs and I did not think he was capable of being alone to watch them for any length of time as he had no experience with children.\n\nHe also failed to show up for court when the judge made their final ruling so it did not appear to the judge that he was very responsible if he couldn't make it to court.
666748
Ask the Jail Wardens, or the Judge that oversees the case.
722447
If he was not married to the mother or not already listed as father on the birth certificate, he will have to prove paternity.  If he was married or already listed as father, he definitely has the right to see his children.  The mother is not allowed to keep his children from him.  If there is already a visitation order in place, he should take it to court that she is violating that order.  If not, he has every right to take her to court and get a visitation order.
486514
You are going to have to set some rules. He is going to be in your life, on a limited basis, for years to come because of the children, but you need to set a few things straight. One, he MUST pay child support. Two. When it's his visitation, he picks the children up, and brings them back. Don't let him run over you on this. Stand your ground! He can pay a visit to the jail house.....then he WILL obey the rules. Good Luck!!
525773
I am sorry to hear about your situation. I was in a similar situation 7 years ago but her father was actually convicted of molesting a young girl in town and he was sent to jail so i have sole custody of her. But I do know from working with troubled kids that there are supervised visits you can ask for where the visits are in a safe location with a member of social services or another agency like that present during the visit. It may be an option for you to look into and i hope everything works out.
1140448
I believe the minimum penalty for a felony charge is 1 year in prison...........so if both parents are charged and sentenced with the minimum, there would be no way they could care for a child in prison.  I don't know if they would be revoked from there parental rights forever, but the state would be inclined to find new parents...........via relatives, etc........while the biological parents serve time.  And after prison time, the parents would have to prove to the state that they would be capable to create a safe environment for the child in order to regain any custody.
504467
do you have an attorney? i do know that in the state of TX you can ask him be given supervised visitation where you can designate someone who has to be there every time he has the child and in some cases you can even say where he has to be during that time i went through something similar with my daughter in the end he gave up all rights to her so it is OK now but there are options you will just need a good attorney to make sure that you are utilizing the system to your advantage
188206
yes court would be the only option most likely.  you could try talking to the mom, but most likely won't work. personally, I'm the mom and have the opposite.  good luck!
226776
If the father has visitation right and has not been abusive to the child, yes, I would. I believe that fathers are very important in a child's life. Just because parents get a divorce, they should neither one pull away from the child. If the father can't come to the child, you should take the child to the father. A 5 year old is not mature enough to make this kind of decision. It's up to you to do what is in the child's best interests.\n\nIf the father has been abusive to the child, under those circumstances I would be more reluctant to insist the child see the father. You didn't indicate why the child doesn't want to go. Is it a fear of hospitals? Is it fear of the father? Do you put the father down in front of the child? Is there any valid reason that the child shouldn't see the dad? These are all questions that could relate to the issue.
718084
Why not see if you can get a free consultation with a lawyer or someone who can look over the papers and tell you what they mean.  It seems that if a parent didn't want visitation, they wouldn't be able to force it.  I mean, how would it be in the best interest of the child to send them to spend time with someone who wants nothing to do with them?  It wouldn't be doing the father or the child any good.  They shouldn't be concerned, especially if he is paying support and not causing any trouble with the girl and her mother.
991150
Actually, you and your husband should have full custody of your child, since the Mother was incarcerated.  \n\nThe Mother has to have a "permenant" address, in which to file, for joint custody, and that is only going to be on the weekends and maybe time in the Summer for vacations.\n\nYour child, if he/she is old enough can elect not to go to the Mother, for vacations as she may pose a danger to them, (if she is on drugs or some other thing that may be a restriction).\n\nCheck with your lawyer and see what your "rights" are, and what her "rights" may be...\n\nI wish you well..\n\nJesse
707321
It sounds like you have a case of Kidnapping in your hands. You did not mention any kind of court order sigend by a judge, allowing him to have visitation rights or anything else for that matter. Mothers have a bit more rights than a father (at least here in TX) because the mother bears the child and gives birth.\nSince he is not in the brith certificate, even thought he is the biological father of the child, he in a sense has no parental rights to the child unless it has been stablished by the courts, which in this case you have fail to disclose such information.\nShame on you for letting your son go, knowing the lifestyle your ex has.\nYour best bet at this point is talk to your ex and DEMAND that your child be rturned to you or you WILL file a police report with the local authorities.\n\nbest of luck
857925
If he ever threatens you with bodily harm or anything, file for a restraining order or protective order.  Given his criminal history, it may be possible for him to only be allowed court supervised visitation of the child.  You were right to demand that he only see the child during the court oredered visitation.  Do not feel one bit guilty about that.  As for the money, if the child is old enough to listen to what he says, the child is old enough to listen to what you say as well.  Tell the child that the money is what he is required to pay for supporting his child and it is not stolen, but is his responsibility to pay so you can feed the child.  That is honest.  Don't bad-mouth the father to the child.  Just state the facts without emotion.  Kids are pretty smart and can put it together. :o)\n\nDo be careful.  You might consider making sure you have good locks on your home and keep it locked all the time to protect yourself.  The law is on your side, so stick to it.  Don't play his game.  I told my ex that I wasn't his wife anymore and didn't have to fight with him, but that he could contact my attorney and/or the state child support office.  They get paid to deal with him so I don't have to.  You don't have to fight with your ex either.\n\nIf he ever threatens you bodily in any way.... take legal action immediately.  Do not hesitate to call the police and file a protective order.  We all have heard the horror stories of what twisted men do to women they supposedly "loved" at some point.  Be careful and use wisdom.\n\nBest Wishes,\n\nSue
346510
Providing that the child has had no reason to be in home detention because of his parents then there are no reasons why you should not be able to visit.  Get legal advice.  You can sue.