Legal Question in Family Law in New Mexico
Imprisoned for life dad's childrens rights
Daughter married to man in prison for murder.restraining order on children and wife for physically abusing her and threatening daughter with gun to her head before sent to prison.presently serving two life sentences for accomplice in murder.in prison he has attempted and threatened to take his life several times.Daughter was told by judge that she is required to take them to visit him once a month or she could lose custody rights.prison is two hours away,she is sole provider for her children it is difficult for her to take them that oftenDoes she really need to take them that that often to see him?She had been given full custody when he was put in prison.She has been told that all his previous charges other than the murder were dropped when he plea bargained in confessing to the murder,now he has equal custody with her.if she divorces him or makes him angry,she was told that he can turn over his parental rights to his mother,who only sees them about three times a yearShe only lives thirty miles from them and does not make the effort to visit or call them.Is this true?She was also told by the judge that it was better if she did not divorce him so it would not make him angry.Please help
1 Answer from Attorneys
Re: Imprisoned for life dad's childrens rights
This message is difficult to understand. You can call the nation domestic violence hotline at 1-800-799-7233 or visit their website at http://www.ndvh.org/ - - - The information you provided in your note sounds very much like 'daughter' is listening to and believing the abusing person with whom she has a relationship.
What I am not clear about here is that your note seems to indicate that the man is in jail. However, 'daughter' is behaving as if she is still in a relationship with the man. The fact is that since the man is in jail the relationship is over. If daughter stops visiting him he cannot come and get her. If he tries to file a motion in court he cannot get out of jail to go to court. He will loose the motion because he won't be there. Daughter needs to understand that she is the one with the power in this situation. If she contacts the domestic violence hotline then she may gain the assistance and knowledge she needs.
The other possibility you need to consider here is that daughter is exactly where she wants to be. Walking away from this situation is not something you can do for her. This is a step she will have to take on her own. The fact that she has not done this despite the fact that the man is in prison says the most about where she is at presently.
After she has spoken with the folks at the domestic violence hotline (maybe several conversations) then she'll be ready to speak to a lawyer.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
