child visits in prison

HI, IWAS WONDERING IF I COULD GET SOME HELP WITH A PROBLEM? MY BROTHER IS INCARCERATED IN NEW JERSEY FOR A PAROLE VIOLATION. HE HAS TWO CHILDREN, 8YRS & 6YRS. THEIR MOTHER HAS TEMPORARILY LOST CUSTODY THROUGH DHS DUE TO A DRUG PROBLEM. THE CHILDREN ARE RESIDING WITH ANOTHER BROTHER OF OURS AND HIS WIFE. THERE IS NO CUSTODY ORDER OR CHILD SUPPORT ORDER IN EFFECT BETWEEN THE PARENTS. MY QUESTION IS, MY BROTHER WANTS TO HAVE A VISIT WITH HIS CHILDREN(WE ALL LIVE IN PENNSYLVANIA)THEIR MOTHER IS FORBIDDING IT AS THEY WERE ON BAD TERMS. DOES MY BROTHER HAVE ANY LEGAL RIGHT TO REQUEST A VISIT FROM HIS CHILDREN? THEY WANT TO SEE HIM. I HAVE POWER OF ATTORNEY ON HIS BEHALF, AND WAS APPROVED BY DHS AS A GUARDIAN, I WOULD BE THE ONE THAT WOULD TAKE THE CHILDREN FOR THE VISIT WHICH IS ABOUT 2 HOURS LONG ON THE WEEKEND. I NEED TO KNOW IF I HAVE THE LEGAL RIGHT TO INSIST OR IS THERE A WAY I COULD ARRANGE IT THROUGH THE PROPER AGENCY. ANY HELP WITH THIS WOULD BE GREATLY APPRECIATED. THANK YOU.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lauramcd:
[b]HI, IWAS WONDERING IF I COULD GET SOME HELP WITH A PROBLEM? MY BROTHER IS INCARCERATED IN NEW JERSEY FOR A PAROLE VIOLATION. HE HAS TWO CHILDREN, 8YRS & 6YRS. THEIR MOTHER HAS TEMPORARILY LOST CUSTODY THROUGH DHS DUE TO A DRUG PROBLEM. THE CHILDREN ARE RESIDING WITH ANOTHER BROTHER OF OURS AND HIS WIFE. THERE IS NO CUSTODY ORDER OR CHILD SUPPORT ORDER IN EFFECT BETWEEN THE PARENTS. MY QUESTION IS, MY BROTHER WANTS TO HAVE A VISIT WITH HIS CHILDREN(WE ALL LIVE IN PENNSYLVANIA)THEIR MOTHER IS FORBIDDING IT AS THEY WERE ON BAD TERMS. DOES MY BROTHER HAVE ANY LEGAL RIGHT TO REQUEST A VISIT FROM HIS CHILDREN? THEY WANT TO SEE HIM. I HAVE POWER OF ATTORNEY ON HIS BEHALF, AND WAS APPROVED BY DHS AS A GUARDIAN, I WOULD BE THE ONE THAT WOULD TAKE THE CHILDREN FOR THE VISIT WHICH IS ABOUT 2 HOURS LONG ON THE WEEKEND. I NEED TO KNOW IF I HAVE THE LEGAL RIGHT TO INSIST OR IS THERE A WAY I COULD ARRANGE IT THROUGH THE PROPER AGENCY. ANY HELP WITH THIS WOULD BE GREATLY APPRECIATED. THANK YOU.[/b]<HR></BLOCKQUOTE>

My response:

Please, take your "cap lock" off.

Since you have Power of Attorney over the children, you have standing to Petition the court, on behalf of your brother, for an order of visitation with their father. The prison does not have to honor your Power of Attorney; they must only honor a court order.

There are U.S. Constitutional issues involved; but, suffice it to say, your brother has a right to "court ordered" visitation with his children, and the mother is hardly in a position to object, especially in her condition (both on emotional and legal grounds) - - in other words, it's too damn bad what she thinks.

It's unfortunate for the children that the parents are so both messed up and had to be born into this world by such a ragtag couple; but, children are resilliant and, with your help and good upbringing by you, while the parents straighten out their lives (if that's possible), then you have the near unique opportunity to keep a family together and the bonds that tie.

See an attorney to begin the Petition process, as soon as possible.

Good luck to you.

IAAL



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[This message has been edited by Always searching (edited October 14, 2000).]