Boyfriend's ex is with holding visitation rights to his son

[noelsimpson28]

My boyfriend has a 2 year old son that he only gets to see at least 4-6 days out of a month. The mother can hardly afford diapers for both of her kids (one is not my boyfriend's). He is currently incarcerated, but it is only for a few months. She is denying him the right to see his son. Is she allowed to do that? They have a joint custody and his parents have been getting him every other weekend as usual. I get to see the son too. The mother is denying not only my boyfriend rights to his own son, but saying that the family can not see him as well. She was not 18 when she had the child, and I've heard that since he was older by a couple years, he should have more custody rights than her. I do not believe she has the right to deny us visitations like this. He has not seen his son in 5 months. He plans on fighting for full custody when he gets home. He is only incarcerated for less than a year and should be home in February, March at the latest. The mother is unfit to care for both children. She has lived in at least 10 different homes since the first child was born. She has only had one job that lasted for maybe two weeks if not less than that. She has called asking money for diapers and food, several times. I believe she should not have full custody of the children. The second child's father doesn't really have anything to do with his son, while my boyfriend loves and cares for his son, but has a limited time to see him. Is she in the right by denying us visitation? And what can we do to get full custody while he is incarcerated? Is there any laws stating that we can not get him when we are assigned to? Though the child is not mine, I consider him mine. I miss him and hate that I can hardly see him as well. I am looking for both his and the father's best interest in him being allowed to see his daddy. She is with holding us our right to get him. She doesn't care that it can affect the child too by not being allowed to see his daddy. Is there any advise that someone will give to help us? Please?

 

[irish223]

It sounds like the mother and father have been to court for custody/visitation and the father was awarded 4-6 days of visitation per month. Right? Now he's incarcerated and the mother is denying visitation to the grandparents. Your boyfriend can file a petition to compel her to release the child to the grandparents so that the father can visit with the child in prison. It's up to a judge to determine if that's a suitable environment for child visitation. In the meantime, I believe the mother is within her rights to deny visitation to the grandparents.

It really doesn't matter how old she was when she gave birth. That has little significance on custody determination. His age does not give him superior rights to custody.

The father does not have to provide any more financial support than what he was ordered to pay. He is only required to pay his court-ordered child support. He doesn't have to provide anything else unless he chooses. The mother will not lose custody just because she asks for more money.

Neither the grandparents nor you (especially you) can get full custody, partial custody, or any kind of custody while the father is incarcerated. If the mother can be proven to be unfit, and nothing in your post suggests that, then the court will change custody. In that case, the grandparents MAY be considered for placement.

Your boyfriend's incarceration will not help him in a custody fight. The fact that the mother has had primary custody for 2 years will not help him in a custody fight.

Custody changes when there has been a change of circumstances that affect the child's well-being. What has changed in 2 years?

You have never been assigned a visitation time for the child. You have no legal right to see him, nor do you have any legal standing to request visitation. The grandparents haven't been assigned a visitation time either, though they may be able to petition for time in their son's absence.

 

[lonelyinny]

it doesnt matter what you think or how you feel this and any matter concerning your bf's kids is legally none of your business.you are a legal stranger. and have nothing to do with this family. let your bf deal with it when he gets out, and stay out of it, your involvement will cause dad problems. you will never have any rights say or standing are not mom.