QUESTION
Can the father of my son who is in jail be granted visitation?
Asked on Aug 25th, 2012 on Child Custody - Ohio
More details to this question:
My son is 3 and his father also has a daughter with someone else and she is 10 he has been incarcerated my sons whole life and 7 years of his daughters he now wants visitation with my son and I don’t want him to. Will they grant this even when he is showing he can’t stay out of jail? And going to a jail at a young age what is the percentage rate of the child repeating going to jail when he get older because he was introduced to it at a young age?
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Yes.
Answered on May 28th, 2013 at 9:33 PM
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 6:04 AM
Melissa Kay-Peterson Roudabush
The court will generally not make an order for visitation in jail for a child that young absent an agreement by the parties.
Answered on Aug 27th, 2012 at 2:12 PM
Probate Attorney serving Arlington, TX
at
Law Office of Eric J. Smith
Update Your Profile
It is presumed to be in the best interest of your son to foster a relationship with both parents. You overcome this presumption by showing the court that your child visiting his father is a danger to your son.
Answered on Aug 27th, 2012 at 2:11 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
The simple answer is yes. A father can be granted parenting time (Colorado no longer uses the word visitation). But, "can" is not the same as "will" because the decision is to be based on what is best for the child and it isn't possible to predict what a judge might do after evaluating all the facts. Typically, judges do not compel visits while the parent is incarcerated, especially for young children, but that is a case-by-case decision. There is no published statistical data indicating that a child who visits a parent in jail will end up in jail later in life.
Answered on Aug 27th, 2012 at 2:11 PM
Dennis P. Mikko
Typically, a court will not require you to bring your child to jail to visit his father. As for your co-parent obtaining parenting time, with the child not knowing his father, it should start out as supervised parenting time and progress from there if appropriate. A court typically will not just grant unsupervised parenting time if a parent has no relationship with the child.
Answered on Aug 26th, 2012 at 11:53 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
at
Law Office of William L. Spern
Update Your Profile
Court's rarely grant visitation to children for a jailed parent.
Answered on Aug 26th, 2012 at 11:53 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
It is possible, cannot guarantee you that he will not get visitation. You need a lawyer to present your case to the judge.
Answered on Aug 26th, 2012 at 11:52 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
The court is unlikely to require you to take your child to see his father in jail. If the father is released, the court will give allow him to see his son. As the child has no experience with him, you will be able to get his visits supervised by someone with whom the child is comfortable until the father builds a bond.
Answered on Aug 26th, 2012 at 11:52 PM
It is up to the court to determine what is in the child's best interests.
Answered on Aug 26th, 2012 at 11:52 PM
1 Award
If the father is out of jail, he will be granted visitation unless he is doing drugs. If you believe he is, request a drug test. If the drug test is negative, he will receive visitaton. It may be supervised and limited so that it is not overnight.
Answered on Aug 26th, 2012 at 11:51 PM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
It is never good to make assumptions but I need to make three of them here. First I assume you live in Ohio. Second I assume you were never married to your son's father. Third, I am going to assume the father is asking/threatening you to allow visitation with the son, and has not been to court to gain court ordered visitation. IF ALL THREE ASSUMPTIONS ARE CORRECT, then you are the residential and custodial parent and do not have to permit visitation unless and until the child's father goes to court and is awarded court ordered visitation. Please discuss this with a family Law attorney to verify your actions are correct.
Answered on Aug 26th, 2012 at 11:51 PM