why you need an attorney during a divorce

How To Get Visitation With Your Children While In Prison

19 May 2017 by Diana Butler

Going to prison means missing out on every aspect of life. If you are a parent, then you do not get to watch your children grow. This is one of the punishments of committing a crime. You may have committed a crime, but you still have some rights. Read on to find out how to get visitation with your children while in prison.

Hire An Attorney

If you want visitation rights, then you need to hire a child custody lawyer. Free legal representation is not offered to inmates for these types of cases. You need someone on the outside to be your voice, which makes it worth paying for legal representation.

File A Paternity Petition

Filing a paternity petition allows the family court to decide who is the child's biological parent. If the paternity comes back as your child, then your judge will issue an Order of Filiation. This order states who is the legal biological father or mother. You must file the petition in family court in the county that your child lives in.

When you file a paternity petition, it allows the parent with custody to pursue child support. In response, you can have your attorney file a proposed parenting plan and visitation schedule. You cannot pay child support while in jail, but you will have to pay back child support when you get out. It is the price you have to pay if you want visitation.

Find A Responsible Person To Bring Your Child

You cannot force your child's mother or father to bring the child even when granted visitation. You will have to find a responsible third party to bring your child. Your child's parent must also approve of the person.

What Other Parental Rights Do You Have?

It is hard to be a parent from prison, but you have to know what is going on to build a relationship. Family court allows you to make other requests besides visitation. You can ask that the caregiver of your child accept phone calls, allow for you and your child to write and to keep you informed about medical and school issues. If you have any concerns, then you would bring it to family court.

In fact, 50 percent of children with a parent in prison are under the age of 10. Children in this situation need a lot of structure and support. If you are incarcerated, then you need to talk to your lawyer about what you need to do to fulfill your role as a parent.  

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