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Can I prevent visitation?

Asked Dec 13, 2007, 07:53 PM — 5 Answers
Hello, I would like to know how I would prevent any visitation, from my husband with my daughter who is 1 yrs old, my husband has been incarcerated sine before her birth, we are currently in the process of a divorce, he is seeking visitation, while incarcerated, prison is not a place for children let alone an infant, please let me know thank you.

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George_1950's Avatar
George_1950 Posts: 3,101, Reputation: 1283
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#2

Dec 13, 2007, 10:33 PM
You have to express your concerns to the judge; and you should distinguish your 'worries' from 'concerns'. The judge will try to do what is in the best interests of the child.
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oneguyinohio's Avatar
oneguyinohio Posts: 1,308, Reputation: 1023
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#3

Dec 13, 2007, 10:46 PM
Type of crime involved, and length of time he will be in prison might also weigh into it.
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macksmom's Avatar
macksmom Posts: 1,791, Reputation: 783
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#4

Dec 14, 2007, 05:54 AM
You will just have to express your concerns to the judge when you go into the visitation hearing. Ultimately it is up the the judge, so there is nothing you can really do except trying to convince the judge that it is not in the best interest of the child. So make sure you have solid, valid, coherent concerns.
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ScottGem's Avatar
ScottGem Posts: 58,161, Reputation: 28160
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#5

Dec 14, 2007, 06:01 AM


Talk to your attorney, get a counselor who can state the impact on your daughter. Find out exactly what conditions will be like at the facility where he is incarcerated. You need to do your homework to convince the judge.

Some minimum security prisons can be fairly pleasant for family visitations. So you may not be able to convince a judge. Frankly, I feel the impact on an infant would be minimal as they are unlikely to really remember it.
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shilohblue's Avatar
shilohblue Posts: 4, Reputation: 1
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#6

Dec 14, 2007, 02:29 PM
I think that in order to terminate parental rights that you have to prove him as an unfit parent in court. I would say a prison is no place for a child to be...but a judge may see it otherwise.
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