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Step children

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6xmommy

Junior Member
What is the name of your state (only U.S. law)? CA
I have a 13yr old step daughter, the mother is in jail, and has not seen her in about 9 years. I just received word that she will be out in 2 months and wants to try to get visitiation. They never filed before, do we have a chance at getting her no visitation?
 


Artemis_ofthe_Hunt

Senior Member
What is the name of your state (only U.S. law)? CA
I have a 13yr old step daughter, the mother is in jail, and has not seen her in about 9 years. I just received word that she will be out in 2 months and wants to try to get visitiation. They never filed before, do we have a chance at getting her no visitation?
Nope. WE don't stand a chance.

Having said that, I sympathize that you've been in this child's life for the past years and are concerned. However, your husband is the one who will be needing to address this. Dad could motion for a modification or stipulation to include a reaquaintance period.
 

Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? CA
I have a 13yr old step daughter, the mother is in jail, and has not seen her in about 9 years. I just received word that she will be out in 2 months and wants to try to get visitiation. They never filed before, do we have a chance at getting her no visitation?

1. it is not "the mother" it is HER mother.

2. what is mom in jail for.

3. when you say ""They never filed before, "" what do you mean.. no custody orders? were mom and dad married?

4. No, no chance of no visitation.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? CA
I have a 13yr old step daughter, the mother is in jail, and has not seen her in about 9 years. I just received word that she will be out in 2 months and wants to try to get visitiation. They never filed before, do we have a chance at getting her no visitation?
Mom will most likely get graduated visitation (possibly supervised to begin with) if she files. Daddy will need a darned good reason to justify NO visitation whatsoever, but it may rest on what she was in jail for.

Please take out the "we" in your post, because you're not party to the case whatsoever - it'd actually be better if Dad came here himself to ask his questions.
 

Gracie3787

Senior Member
4. No, no chance of no visitation.
Be careful of making blanket statements like that. We do not know why Mom has been in jail, how long she has been, or why she hasn't seen her child in 9 years, or any other relevent issues. The answers to those will definately have an impact on what a Judge might order.
 

LdiJ

Senior Member
Be careful of making blanket statements like that. We do not know why Mom has been in jail, how long she has been, or why she hasn't seen her child in 9 years, or any other relevent issues. The answers to those will definately have an impact on what a Judge might order.
I agree with both you and Proserpina on that. Why mom has been in jail will definitely have some impact. The child is also old enough that the child's wishes may have some limited impact on the type and frequency of visitation in a circumstance like this one.

Dad should get a GAL involved to help determine the child's best interest.
 

Banned_Princess

Senior Member
Be careful of making blanket statements like that..
well, the list answers depended upon the answer to the number before..

And as we all know, unless moms rights have been terminated due to whatever reason.. she can get back into seeing her child if she wants. Mom will be ordered to pay child support, but they will probably reintroduce them and allow a relationship. And moms past will be addressed in the stipulations of the new order (IE no alcohol while around kid, no drugs or domestic violence ect...)

Unless it doesn't work quite that way in CA, and I will note that.




Of course how we feel about the mothers [chances] depends on why she was in jail.


*
 
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Proserpina

Senior Member
well, the list answers depended upon the answer to the number before..

And as we all know, unless moms rights have been terminated due to whatever reason.. she can get back into seeing her child if she wants. Mom will be ordered to pay child support, but they will probably reintroduce them and allow a relationship.

Unless it doesnt work quite that way in CA, and I will note that.




Of course how we feel about the mothers [chances] depends on why she was in jail.
No, the bolded is not correct.

Mom can still retain her rights and NOT be allowed visitation.
 

Banned_Princess

Senior Member
No, the bolded is not correct.

Mom can still retain her rights and NOT be allowed visitation.
thats interesting. she will have "rights" (the right to pay child support?) but be denied all visitation? not even just supervised? what are the rights she is maintaining, if not the right to a relationship?
 

Proserpina

Senior Member
thats interesting. she will have "rights" (the right to pay child support?) but be denied all visitation? not even just supervised? what are the rights she is maintaining, if not the right to a relationship?
The right to financially support her child and work towards visitation, certainly.
 

cyjeff

Senior Member
I have known of judges sending children to the prison to visit their incarcerated parent behind wireglass.
 

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