I live in New York and I have been the primary caretaker of my 5-year-old daughter since birth. Her father has been in and out of prison since she was 6 months old. He was sentenced to 5 years in prison in September 2012. I can count the things he has ever provided for her on one hand. He recently wrote me a letter saying he will take me to court, because I won’t allow her to visit him. I feel as though her visiting a prison will cause a lot of emotional harm. I know he has visitation rights, but am I obligated to take her to visit? I want to seek sole custody just to secure my custodial status, and protect her. She does speak with him on the phone, and I send him pictures. Can I win custody and not be obligated to take her to a prison?
He is allowed to see his child no matter what the custody situation is. You could possibly get full custody, but the court would still give the father some visitation. Discuss this with an attorney.
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