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  1. #1
    Join Date
    Sep 2007
    Posts
    14

    Default Denied Contact While in Prison

    I'm in prison. I was the custodial parent in a joint custody agreement. Since being inside my X has stopped answering the phone when I call to talk to my five daughters. She also refuses to bring them to visit. Her lawyer sent a notice to my old address to have it returned so they could get a default and now my X has sole custody. I realize that I'll have to be out before I can straighten out their "cheating". I want to see my babies now! I worry about what she must be telling them about why they haven't heard from me. The last time we saw each other was July 26, 2006.
    What do I need to file to get the court to stop her from alienating me and my children? A motion to modify visitation? What should it say?
    We live in the state of Oregon

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Denied Contact While in Prison

    Why are you in prison?

  3. #3
    Join Date
    Sep 2007
    Posts
    14

    Unhappy Denied Contact While in Prison

    I'm in prison. I was the custodial parent in a joint custody agreement. Since being inside my X has stopped answering the phone when I call to talk to my five daughters(12, 11, 9, 7 and 4 years old). She also refuses to bring them to visit. Her lawyer sent a notice to my old address to have it returned so they could get a default and now my X has sole custody. I realize that I'll have to be out before I can, easily, straighten out their underhandedness. I want to see my babies now! I worry about what she must be telling them about why they haven't heard from me. I saved an answering machine message from 2004 that proves her willingness to coerce the children into believing that I don't love them. The last time me and my daughters were together was July 26, 2006.
    What do I need to file to get the court to stop her from alienating me and my children? A motion to modify visitation? What should it say?
    We live in the state of Oregon
    To top it off my X's step-father was convicted, by plea, of molesting his own three year old daughter. Child welfare says it's okay for him to be around my daughters because he sought the court ordered counseling and has been pronounced cured.
    My release date is March 9, 2008, if that matters.

  4. #4
    Join Date
    Sep 2007
    Posts
    14

    Default Re: Denied Contact While in Prison

    DV assault on my "new wife" and she kicked my butt.( I REALLY DID! from, "NEW WIFE") The conviction is up for an appeal because of the rules broken and so many lies told, by the DA, in my trial. The ACLU is standing by for when I get out and retain an attorney.

  5. #5
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Denied Contact While in Prison

    Quote Quoting extranet
    View Post
    DV assault on my "new wife" and she kicked my butt.( I REALLY DID! from, "NEW WIFE") The conviction is up for an appeal because of the rules broken and so many lies told, by the DA, in my trial. The ACLU is standing by for when I get out and retain an attorney.
    Your ex is not legally obligated to bring the children to prison for a visit without a Court Order. Frankly I can't understand why you would want her to subject your very young girls to the process of prison visitation.

  6. #6
    Join Date
    Sep 2007
    Posts
    14

    Default Re: Denied Contact While in Prison

    I am in a min security facility with no fences and they go to visits with their moms brother, in max security, who is in for manufacturing meth-amphetamines.
    I would at least like to have phone contact! I still have the right, as a parent, to have a relationship with my children no matter where I am. My daughters need to know that I'm not responsible for our lack of contact. Their emotional safety is my first priority.
    I'm not the guy who took interest in his children just because he didn't have anything better to do. I have always been there for them!

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Denied Contact While in Prison

    If you wish to have the custody order revisited and get visitation rights while you are in prison, it sounds like you need to get help from a lawyer.

  8. #8
    Join Date
    Sep 2007
    Posts
    14

    Default Re: Denied Contact While in Prison

    Is it possible to do it myself using the law library in here? My financial resources are depleted after being here for a little over a year.

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Denied Contact While in Prison

    If you try to represent yourself, you're going to have to find out from the prison officials how you would handle the necessary court hearings.

  10. #10
    Join Date
    Mar 2007
    Location
    California
    Posts
    174

    Default Re: Denied Contact While in Prison

    First of all, you are responsible for your lack of contact, you put yourself in prison.. aside from that:

    Is it at all possible that the children's mother cannot afford the phone calls? Accepting collect calls from prison can be quite expensive and I'm going to guess that if you are incarcerated, the child support has stopped too? Are you expecting her to foot the bill for the phone calls and foot the bills for the transportation to/from the prison also?

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