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Old 12-18-2006, 09:11 AM
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Humble Seeking advice for incarcerated dad

My ex husband (who I am currently back together) is incarcerated. We have a 7 year old together, and he has 3 other children from a prior relationship. These children are twins who are 9 and a younger one being 8. Their mother is denying my son visitation with his brothers. Being their ex step mom, I have no rights. The father is due to be released from prison in approx. a year. He is our connection to the step children and sibling visitation. I was wondering if anyone could point me in the right direction as to where I could find some information on non custodial parental rights. I have searched the internet up and down, and have had no luck. Any advice or direction would be greatly appreciated. As you will notice in my attachment, I have tried so hard to enable my child the right to visit his brothers. I don't know what else to do.
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Old 12-18-2006, 09:23 AM
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Unfortunately, you have no rights ever in a non-custodial situation, even for your DS. Your ex is the only one how might be able to fight for the rights for his DS and his other children. While he is incarcerated, he is a ward of the state and therefore, probably has no rights at this moment.

Does the prison that he is in have a psychologist? What about a lawyer? That would probably be the best place to go for him to seek advice. Every state has its own laws for this type of situation.

However, your child has no rights to see his siblings and the other siblings' mother has no duty to allow her children to see your child.

The short of it is, you have no non-custodial rights anywhere that I know of. Out of curiousity, does your state allow your DH good time? When you say approximately 1 year, is there a chance he can get out sooner? Also, if the reason for his incarceration is a violent crime of the person, that also might affect the ability for him to visit his children in the future if his other ex wants to fight it.

I hope I was able to answer your questions. I know it is not what you wanted to hear though.
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