Legal Question in Family Law in California

hello my name is myda...my fiance is incarcerated in a county jail and looking at doing at least 2years...he has 4 children by a previous marriage in which the mother of the children has custody. We would like to know if there is any way he can have legal visitation rights while he is incarcerated... i would appreciate any helpful information. thank you, myda


Asked on 9/08/10, 6:50 am

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I do not practice criminal law, but I can try to give you some type of an answer. I don't know what the charges are, but for purposes of answering a general question, I will assume they have nothing to do with harmful behavior or minors.

I have not seen a court force someone to bring the children to a prison for visitation. It may be a comfort for dad, but quite frankly, he should have thought about his kids before breaking the law.

I don't know if you have ever visited anyone in prison, but it would not likely be a pleasant experience for them. I have a relative who pretty much has a cell saved for him in Wasco, and you are not treated very nicely when you go to visit. Lots of waiting around, then being shuffled around, and guards with guns not smiling and asking you to remove your shoes, belts, etc and then walking through the detector. Dad is in some funky clothing and they are surrounded by people who are not exactly model citizens.

I assume he is going to prison, because the sentence he is looking at is two years, but jail is about the same type of experience. The routine, at least from my experience, is that he could be transferred to a few different prisons for intake and then placement. I don't know if that is the legal jargon for it, but as I said, I don't practice criminal law. The prison system doesn't consider how the family is going to visit to decide where to place him. As I said, my relative was in Wasco, but he and his family live in Orange County. If your fiance behaves himself, he is not likely to be there for even two years due to "credit for good behavior." When he gets out, he can then work on rebuilding his relationship with his kids and staying out of trouble.

Read more
Answered on 9/16/10, 9:18 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California