Legal Question in Family Law in Texas

fathers visitation rights

Does a child's father have the right to visits from his child if he is in prison for a few years? He has beeen in now for 4 years and has 2 or 3 years left. He has not paid child support due to being in prison. How much time does he have to start paying support after he gets out. Will he have a warrant for him when he gets out for child support?

Thanks


Asked on 11/01/05, 1:56 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: fathers visitation rights

My answer is for general information purposes only. Based on the facts in this particular case, if I met with you and learned more about the case, my comments might be different.

Obviously, if he is in prison he cannot do what's required for him to pick the child up to have visitation with the child.

If you want to try to modify the current visitaiton and have the court order the child's managing conservator to take the child to prison to see the father, you can try. Many courts will not order a child to visit a parent in prison since it can be tramatic on the child.

He will owe the money when he gets out of prison for child support.

Since he was in prison, he cannot be sentenced to jail time since he had no way of having a job to pay his child support.

He should start paying child support within 30 days of his release from prison.

Often it is a condition of their probation.

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Answered on 11/01/05, 3:05 pm


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