My daughter's ex husband keeps writing my daughter from prison to say he wants face time with his 3 and 5 year old daughter. The divorce decree states that she has full custody with full decision making and no visitation. What rights does she have? Does she even need to open his letters, she has a protection order and there was a domestic violence charge and he was a meth addict.
Much of my advice is estimating what impact decisions made may have upon some future Judge if Father ever properly presents the issue. I believe Mother could properly defend and support her choice to prohibit Facetime under the circumstances you have described.
How long is he in prison? Is Mother married or in a long-term committed relationship? She may be able to pursue a Termination of Parental Rights, but I would need to know more.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
She does not have to allow Facetime or even open the letters, but she should be prepared to defend her actions as reasonable if the ex ever takes this to court. If he is in prison for a very long time (e.g., until after the children reach majority), it might not matter. Also, if he is sending letters to her there is a good chance he is in violation of the order of protection.
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