I live in AZ and have a son who is 13. His biological father is in prison for a life term. He is requesting visitation rights for the second time. The judge ruled 5 years ago that it was not in the best interest for my son to go to the prison and that the father could not appeal the ruling until my son turned 13. Father has been in prison since I was 4 months pregnant for murder and I do not want my son around him. Can he get visitation even though he has never been in his life?
3 Answers from Attorneys
It would make more sense to terminate his rights as a parent. Please call us at 602 462 1004 if you would like to retain this office to help you terminate the rights of the father.
While I can't speak for what the court would order, I have a hard time believing the court would find it in your child's best interest to have visitation with someone he's never met. Because of the nature of his incarceration, you might want to consider asking the juvenile court to terminate his rights entirely. Please feel free to contact us to discuss this matter further.
I would expect that the factors which prohibited access to begin with are either still present or even worse. We can certainly help you consider and then pursue your options for defending his efforts. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004