Do Inmates Have Child Visitation Rights?

Do Inmates Have Child Visitation Rights?

by Apr 9, 2021Child Custody

Having a parent who is incarcerated often creates a lot of thorny issues when it comes to family law matters. It gets especially complicated when children are involved, and every case requires a unique solution to ensure the best interests of the child are being met.

When it comes to child visitation rights for inmates, a lot will come down to the judge and the existing relationship between the incarcerated parent and their child.

Child Visitation Rights For Inmates

Generally speaking, unless the court determines that giving visitation rights to the incarcerated parent would not be in the child’s best interests, the court may allow visitation while the parent is in jail or prison.

With that said, there are likely to be considerable stipulations to ensure the child’s wellbeing and security if they are going to be visiting an incarcerated parent. The parent in jail (or going to jail) should retain an experienced family law attorney to help with the negotiations for visitation rights.

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What About Child Custody?

Any parent who is about to go to prison, is currently in prison, or has just been released from prison should accept the reality that regaining child custody will be a very difficult battle.

Once released from prison, a parent will have to go to great lengths to prove to the court that it is in their child’s best interests to have custody restored.

A parent who is a former convict will need to have a steady job, sufficient housing, and a range of other items to prove to a judge that they are ready to regain custody of their children.

How Can A Lawyer Help?

If you or your spouse (or ex) has been or is currently incarcerated, a family law attorney is essential to help you with any matters relating to divorce, custody, visitation, or spousal support.

At Vonder Haar Law, we understand the unique challenges associated with having a parent in jail, and we can help you accomplish your goals. Call us today for a free phone consultation.


At Vonder Haar Law Offices, we offer every client a free phone consultation to discuss their unique situation and determine how we can help. To arrange a consultation, please fill out the adjacent form or call us at: (707) 529-3200.

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