Visitation rights while the father is incarcerated

[blondey72]

Jurisdiction

New Hampshire

I would like to know what rights a father has to visits with his child while he is in prison? My ex-boyfriend who is my daughters father is in prison, he has been in and out of jail since she's been born and she is now 6. He never really bothered with her when he was out, he would see her when he wanted to, and never paid me any child support. And now that she is older he wants to see her, I do allow him to talk to her on the phone. I have brought her up to the prison to visit a couple times but lately the visits seem to be mostly me and him arguing and him threating to take me to court for visitation. He says the judge can order me to go up to the prison. His visiting schedule has changed and the days and times don't work for me and I told him that but he says I cant stop him from visiting his child.

He said that he has a right to see his child. I was on vacation during the week of July 4th and I didn't answer the phone because I didn't take it with me all the time and he said he has a right to talk to his daughter, just because I'm on vacation don't mean crap. He even had his new girlfriend try to call me, which I think she has no business to. He tells me he has a right to get a copy of her IEP(our daughter is autistic so she has an IEP for school), he wants to know everything. I was told that he has no right to any info, I don't have to bring her up to visit him, nor do I have to allow phone calls from him. So basically I want to know what rights does he have while in prison? Can he take me to court to force me to go up for visits?

 

[ElleMD]

Has paternity ever been established legally? Do you have a court approved custody/visitation agreement now? If the answers are no, and that sounds like the case, legally he is not the father and it is up to you if you want your daughter speaking to and spending time with a career criminal. You don't have to take his calls, give him your number, let your child near him, or hand over school records. He is no different than any other guy (or lady) on the planet.

If the answers to both questions is yes, you follow the agreement to the extent able but get your tush to the court house to file for a modification on the basis of incarceration.

He can file to establish paternity and ask for visitation, but he isn't going to do that as it would also mean having to pay child support and given his criminal background, is unlikely to get more than supervised visitation if that. While a judge *could* order visits at the jail, for a to date disinterested father who has never paid any sort of support, the chances of that are slim to none. He is using the threat to manipulate you.

 

[adjusterjack]

So basically I want to know what rights does he have while in prison?

None, if there isn't any court order giving him rights with regards to the child.

Can he take me to court

Of course he CAN. Anybody can take anybody to court for anything.

to force me to go up for visits?

No way to predict but I tend to agree with ElleMD that, given the background, he is not likely to be successful. No guarantees.

Meantime, I suggest you turn a deaf ear to his exhortations and block his girlfriend's, and his, calls. If you end up getting served papers, you handle it then.

 

[army judge]

There's no way a court is going to order a custodial parent to take a child to visit an incarcerated FELON that might be housed 50, 100, 200 or more miles away.

If you no longer wish to receive communications from the deadbeat, bully, felon; contact the warden of the fabulous institution that houses his carcASS and request that he be told NOT to communicate with you in any manner, shape, or form.

Then, you raise your child and forget about the IDIOT who chose to commit crimes, rather than being a father.

 

[leslie82]

I would like to know what rights a father has to visits with his child while he is in prison? My ex-boyfriend who is my daughters father is in prison, he has been in and out of jail since she's been born and she is now 6. He never really bothered with her when he was out, he would see her when he wanted to, and never paid me any child support. And now that she is older he wants to see her, I do allow him to talk to her on the phone. I have brought her up to the prison to visit a couple times but lately the visits seem to be mostly me and him arguing and him threating to take me to court for visitation. He says the judge can order me to go up to the prison. His visiting schedule has changed and the days and times don't work for me and I told him that but he says I cant stop him from visiting his child.

He said that he has a right to see his child. I was on vacation during the week of July 4th and I didn't answer the phone because I didn't take it with me all the time and he said he has a right to talk to his daughter, just because I'm on vacation don't mean crap. He even had his new girlfriend try to call me, which I think she has no business to. He tells me he has a right to get a copy of her IEP(our daughter is autistic so she has an IEP for school), he wants to know everything. I was told that he has no right to any info, I don't have to bring her up to visit him, nor do I have to allow phone calls from him. So basically I want to know what rights does he have while in prison? Can he take me to court to force me to go up for visits?

As stated if there is no court order for visitation then you don't have to take the child to him or talk to him or let the child talk to him. And his "girlfriend" has no bearing in this so you can just block her calls and social media accounts.

If the court hasn't established him as the father, legally he has no rights. If there is no court order for visitation, no rights.

I agree just stop talking to him and if you get served papers, go to court. Other than that don't let him bully you.