Legal Question in Family Law in Massachusetts
incarcerated fathers visitation right
My boyfriend is currently incarcerated, he has 5 years left to serve. He has 2 daughters that he loves very much but never gets to see them and be a part of their lives because the mother does not bring them to visit him in prison. Is there a chance that a judge would order the mother to sign papers for another family member to bring the girls to visit their father?
2 Answers from Attorneys
Re: incarcerated fathers visitation right
In consideration of all your missing factors, the posted attorney gave you all that can be adviced at this time. Good luck!
Re: incarcerated fathers visitation right
It's hard to assess chances without answers to several questions: How old are the girls? Was there a paternity or child support hearing in court in which he was given visitation? Has he been paying child support? Where is he, in a county jail, a state prison or a quarter-way or halfway house? How far will the girls have to travel? What crime is he in for? Does the facility have a space suitable for children of their age to visit? What is the mother's objection to visits? Where do the children live, or where was the court action regarding child support/paternity, if any?
The mother's wishes, if the children are very young, will ge given great weight. If the girls are older (12+, say), and he had a close relationship with them, a court might be more inclined to grant visits.
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