Can the law in one state deny visitation rights given in another state because of probation?

Question

In 1990 my mother was granted visition rights to see her children in the state of Kansas under supervision of their paternal grandmother at her house (nowhere else and even with my grandmother we could not leave the house, also a person from child protective services has to be on the premisis at the time). In 1995 she was convicted of Forgery and sentenced to 5 years probation in the state of Utah (she had gone there to see another child). As part of her probation in Utah she was not allowed to leave the state. My question is can the state of Utah deny my mother her rights to visit her children in Kansas because of probation even though the state of Kansas set very strict guidelines of the meeting places? If not is there anything we can do (now we are over 18 years old but this stripped us of a chance to get to know our mother at all).

You guys are missing the point. She was given such strict visitation rights because she did something extremely illegal in Kansas that endangered the life of her children. She could not see her children in no way, shape, or form when in Utah because her probation officer denied her to the right to leave the state. I cannot visit her now - she died in 2001 before I turned 18. They stripped me of my right to know my mother.

Answer 1

The issue is HOW the state is denying visitation.

Utah is preventing her from leaving Utah -- that is within their authority.

Utah is not interfering directly with the visitation ordered by Kansas -- they are not modifying or cancelling the visitation order. That would not be allowed, under the constitutional full faith and credit clause.

And no, there is really nothing that can be done -- you cannot sue Utah for sentencing her based on her criminal actions.

Answer 2

I am not a lawyer, but based on experience, the state of Utah was completely within their right to not allow your mother to leave the state of Utah while on probation.

Before granting probation, the judge wants to make certain there is no chance of the individual who is on probation leaving the state and not being able to attend hearings or report to the probation officer. If the judge was not certain your mother would stay in Utah, he could have given her jail time.

It is horribly unfortunate that your mother wrote a hot check in Utah and not to sound callous, but your mother is the one who prevented visitation in Kansas, not Utah.

At times, I have known parents who did not commit a violent crime (such as a hot check) going before the court to get special permission for things like visitation, but without a court order, she would not have been allowed to leave the state of Utah.

I am very sorry for your loss and I know it will be very hard to heal since your mother has passed away.

Take care of yourself, but know that if you need someone to blame, it would be your mother's actions that prevented visitation.

Kansas has no control over a crime committed in Utah.

Answer 3

Of course Utah has control of her until she has paid for her crime. It is silly to think that just because one state grants an individual a benefit that any other state would even have to consider that when a crime has been commited.

Of course since you are over 18 then why don't you go visit her in Utah instead?

Answer 4

They probably can, but visitation rights do not apply to adult children. Get to know your mom.