Q: My ex is in prison. He is petitioning the courts to require me to take our daughter in to visit him. Can that happen?
He was extremely abusive and continues to be violent. She is 8, has never met him, he has spent all of her life in custody of the state and will remain in prison until after she turns ten. Should I be concerned?
A: While every custody case varies and it depends on many factors and evidence presented at a trial, the Court will always decide this type of issue based on the "best interest of the child". You should know that the general default rule in Utah is that every parent should be entitled to some visitation, there are circumstances when a judge will limit or supervise and visitation. Where your daughter has no existing relationship with your ex, it is unlikely that it would be in her best interest to establish a relationship with your ex while he's in jail.
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