my stepson just released from prison having a drug problem for fifhteen years now and is in a halfway house got transfer to my province.he told his mother he had hiv from sharing needles 7 months ago,she never told me till a month ago and now told me were he is now.she ha.d plans to bring our grandson,his son to our house for holiday.him and his mother dont know he has hiv aids virus. she was going to take him to the halfway house without telling his mother that he had hiv.i steped in and told her she couldn't do do that and stoped her.i didnt think that was right if something happened to our grandson we could be sued and it was a dume thing to do.i think he is using her to get things like this.i think this idiot should get lawyer make his own arangements to see his son and tell his mother.did i make the right dicision and what could have happen to my wife if she did take and our grandson and he got this dicease or his mother found out about this.
Already Tried: i told my wife if she tryed to take him i would tell her mother and stoped her in her tracks
Hello:
I understand the background now. What question is it you want us to try to answer?
is it elegal for my wife to take my gradson to see his dad in hafe way house without his mom knowing about it.
Unless there is some specific court order in place that says that the father is not allowed contact with the child or that your wife is not permitted to let the child see the father, this would not be illegal. There is no specific law in place that prevents someone from visiting with a child to a person in a halfway house, or to a person that is ill with HIV.
While this is not illegal, it would be possible for a parent of the child to apply to the family court for an order trying to prevent this type of contact in the future.
There would be almost no risk of the child getting HIV from a visit with the father, as this is not a disease that is transmitted through the air or by simple contact like holding hands. A family court is not likely to have a great deal of concern on this point.
The court may have more concern due to a history of drug use by the father, and would wonder if the father is capable of caring for a young child. The court may also have concerns about whether a halfway house is an appropriate. The court would have to consider this issue as to what is best for the child, and it is not and issue about any rights that the father may have to access to the child. If the grandmother was present with the child at all times, and essentially supervising the father's time with the child, a court may have much less concern.
Courts have allowed visits with children to take place in prisons, not just halfway houses, so a court may not have a concern that the environment is negative for a child, particularly again if the grandmother is present to supervise.