Does an Incarcerated Parent Have a Right to Child Visitation?

Yes.  In California an incarcerated parent has a right to reasonable visitation with his or her child. Therefore, visitation between children and their incarcerated parents cannot be denied without finding that the visitation will be unduly detrimental to the child.  According to one Long Beach Criminal Attorney, California law outlines some alternative means by which an incarcerated parent can secure meaningful access to the court to represent his or her visitation rights :
• Deferring the action until the parent’s release from jail.
• Appointing an attorney for the parent.
• Ordering the transfer of parent to court.
• Using depositions instead of personal appearances.
• Propounding written discovery.
• Conducting hearing by telephone or closed circuit television
• Using services of the family court mediator

One Response to Does an Incarcerated Parent Have a Right to Child Visitation?

  1. Fort Myers dui attorneys says:

    G’Day! Toplongbeachattorney,
    Very interesting, shouldn’t the mother or father have rights to gather toddler help from the grandparent??? My ex husband is a crack cocaine, heroin addict burglar and is incarcerated, and his mom had authorized my daughters who have been checking out with her, she permit them go expend the night time with this guy even though he was out on parole but an absconder with a felony warrant despite the fact that he was all drugged out. I observed out the following day when I picked them up from her residence that night and I have not let them go again since, that was Feb. 2007. Properly now his mom is trying to get grandparents rights and I consider it is rediculous… I will preserve my small children to the fullest.. that is my duty as their mom. My 7 yo was interviewed by the court and we found out it was worse, my daughter isn’t going to want to head to, she states her grandma drinks and drives with them in the automotive and she leaves them at other peoples homes in which there are drunk people young and old and she feels unsafe and afraid… does any person think that I am inappropriate for dening this “female ” visitation with my young children!!!

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