Legal Question in Family Law in California
Court Ordered Visitation Rights to an Incarcerated Father
My husband is in jail & about 2 go 2 prison for 2 1/2yrs. He has a daughter and her mother doesn't ever want to take her to visit him at the local jail (20 minutes away). He really loves his daughter and wants to see her while he is in prison. Can a court order her Mother to let the child see her Father while he is in prison? Any other family member including myself would be willing to take her along with us for our visit so his ex doesn't have to be there- they don't have a good relationship. She only takes his daughter when we send money- we can't always cause were kinda broke but we try and take care of her on holidays. My husband is currently in San Bernardino County and may go to prison in Riverside Co or San Diego. If a court order can be implemented how do we go about getting the process started so he can get visitation rights while in prison. Thank you for your help.
2 Answers from Attorneys
Re: Court Ordered Visitation Rights to an Incarcerated Father
If he is in prison, he probably does not have legal or physical custody, and if he does not have legal or physical custody, he probably does not have the right to make such a request.
Also, I really doubt that a judge would "order" a child to go to a prison to visit an inmate.
Re: Court Ordered Visitation Rights to an Incarcerated Father
A judge can make the order for the child to visit the parent in prison. Some judges will not make the order. If your husband has a child support order he should have that order modified, otherwise, when he gets out he will have a very large past due child support bill. Good Luck, Pat McCrary
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