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Old 12-26-2001, 05:22 PM
kATHLEEN SOPKO
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visitation-parental rights


my brother has a little girl, from a previous relationship, that he was very much involved w/ before he was incarcerated for theft. his legal problem has nothing to do w/ the great relationship he had w/ his little girl. he tries to call her house and her mother always makes excuses why he cant talk to his daughter. the X won't take the girl to visit him and she won't let me other my family have her for visits. my brother tried to call to tell her Merry Xmas & her mother said she was in bed (@ 7pm)- he asked if he could call back the next day & talk to her & the X said you have to ask my husband, this guy gets on the phone & says it isn't your "kid" anymore & hung up on my brother. what can my brother do to see his daughter? does he have any rights, although he is in jail? Visitation was established before he was incarcerated, isn't this considered in contempt of court? is there anything I can do under PA law to get my neice for visitations. All parties live in PA and live in the same county.
PLEASE HELP!!!
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Old 12-27-2001, 10:31 AM
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There are innumerable sources of legal information available to incarcerated people - that would be an excellent start point for your brother. While it is true he has legal visitation in effect at the moment the fact that he is incarcerated could be used against him in that the other party (the mother) could make the argument that jail is no place for a child and that it could be more damaging than beneficial to take her to see your brother prior to his release - when is he due to be released?
As to the phone contact - is there specific contact spelled out in the original order? If not then technically the mother is under no obligation to allow it - your brother CAN pursue an amended order to fit the current situation in that he could give up the physical visitation (in the best interest of his daughter to avoid a child being brought to see him in prison) in exchange for specific GUARANTEED phone contact for the duration of his incarceration - HOWEVER I would strongly urge him to be sure there are specificly spelled out arrangements for when he is released so as he does not paint himself into a corner with the amendment.
Either way your brother will need some representation for this so I suggest if you are truly interested in helping him you find him an attorney with specific experience in father's rights to help him through the system.
Just as a personal opinion - considering the age of the little girl I would be most in favor of the phone contact for the duration of his incarceration because in all honesty physical visitation with her father in prison could have some serious longterm effects on their relationship and on the child......
Good luck and God Bless
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