You have several issues to address.
First, it is important that you have current orders that are in your child's best interests. Father has already been in jail for about 7 months. How much longer will he be there? Would it be safe for your child to be in his care when Father gets out of jail? Usually, any child support order stops when the paying parent is in prison, but the new order can make clear that father has to notify the court and child support office when he gets out of prison (or jail).
Child going to prison or jail to visit Father: a lot of factors are considered on whether it is good for the child to visit his father or not. Your opinion on what is best for the child needs to be considered. If it is best for the child to have some contact with Father you will also have to consider who should take the child for the visit.
As to the rights of a grandparent: A grandparent typically does not have the right to force a visit by the child with father at prison, or anywhere else. A grandparent may be able to obtain rights for the grandparent to have visits with the child. The Court will consider what is best for the child and will consider if the grandparent and child had a prior relationship. The Court will also consider if the grandparent will respect your wishes and follow the court orders. The grandparent cannot bring the child to Father to the prison or jail unless the court order allows it.
To modify your order, we can help you through full representation or helping you with document preparation. If you are served with a filing for grandparent rights, I would urge you have those reviewed by an attorney.
Marie Zawtocki,
Attorney at Law
Mesa, Arizona
Answered on Apr 23rd, 2018 at 10:28 AM