Whether you will be able to have your children visit you when you are in custody will depend upon many factors. The court will have to decide whether it is in the “best interest” of the children to visit you in prison. Some of the factors the court will consider will include

l. The age of your children.

If your children are teenagers, and they express an interest in visiting you the court will give strong consideration to their feelings.

2. The location of the prison.

If the prison where you are serving your time is many travel hours from where your children live, then it will be more difficult for the children to visit.

3. Whether the prison allows for young children to visit?

The rules of the prison may preclude your younger children from visiting?

4. Who will pay for the travel expenses for the visits?

If the other parent does not wish to pay for transportation expenses for the prison visits and you do not have the ability to pay for them then it is not likely they will occur

5. What other forms of communication can be set up between you and your children.

The court can order court ordered phone contact between you and your children so long as the order complies with the rules of the prison. In addition the court can order that you are allowed to send letters to your children and that the other parent will be forbidden from doing anything to interfere with that written correspondence.

For those that are in prison it is essential that they be able to continue to have some ongoing relationship with their children if at all possible. This will make reunification with the children much easier when the person is released from custody.

Wallin & Klarich have been defending the legal rights of thousands of families for over 30 years. If you or your loved one is facing a similar matter give us a call 888-749-7428. We are available 24hrs a day 7 days a week.