QUESTION

Can a family member take a 4 year old child to visit her father in prison against her mother's wishes?

Asked on Apr 24th, 2014 on Child Custody - Rhode Island
More details to this question:
My soon to be husband is in state prison and would like to have his mother to be able to bring his 4 year old daughter to visit him, but her mother won't allow it. He and I have had shared custody of his daughter with her mom since she was born in December of 2009. They (father & daughter) miss each other very much. My step daughter has come to myself and my mother in law on several occasions and asked us to please take her with us when we visit her daddy. Unfortunately, we can not get her mom to agree to fill out the paperwork or allow her to visit him. Is there a law in place that will help us to go around the mom's wishes and take my step daughter to see her daddy? Please help. I've searched the web over and over and can't find anything. Thank you so much for your time.
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2 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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None that I am aware of. I suppose that dad could ask the court with jurisdiction over the custody matter to order that it be allowed, but it would take a real different judge to order visitation in prison.
Answered on Apr 24th, 2014 at 10:53 AM

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No. Mom has the right to determine who her daughter associates with.
Answered on Apr 24th, 2014 at 10:10 AM

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