Legal Question in Family Law in California
Visitation rights for prisoners
My friend was sent to jail and is serving 3 years. (he's in a white collar jail) He has joint custody of his child. He has seen his daughter, but now his x, is refusing visitation. She told him since he is in jail, he lost his visitation rights. Is that true? Can he do anything about her not letting him see his child? He has family friends who are willing to pick up his child and take her to see her father. So it hads nothing to do with the traveling. Please let me know what his rights are.
Thank you in advance.
1 Answer from Attorneys
Re: Visitation rights for prisoners
He has the same rights that he had under the court order before he went to jail. The bigger question is, however, is whether it's in his daughter's best interests to see him in jail. Would it be traumatic? Is she old enough to understand? Perhaps the prison has a counselor that your friend could speak to in order to better understand whether it would be harmful for his daughter to see him under the circumstances, and things he could do to maintain a relationship with her while he's away. They may also have an advocate program to help dads in his situation.
good luck.
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