Jail visitation

[pk13]

What is the name of your state? NY

I have a two and a half year old whose father is in jail. Today I received papers from Family Court for a paternity hearing...presently the father is not on the birth certificate. There is no question of paternity, so I won't fight it and it will be established.

I know he can file for visitation after this...my concern is can they make me bring my child to jail for visits if visitation is ordered?? This is not something I want to do.

 

[hjallge]

I seriously doubt it. If I were a judge, I wouldn't order that; however, I am not a judge. Although, it would be nice if I was.

 

[pk13]

does anyone have any info on this??

It would be greatly appreciated.

 

[dixygrl04]

I have had similar experience w/ your situation, I thought when you are incarcerated, you actually lose all your rights, therefore, it would be up to your own judgement, if you wanted your child to visit with the father. I can't see a judge ordering that type of visitation, jails are not the appropriate places for kids, many jails do not even allow kids under 18 . It just all depends on the situation, I really don't think you would be forced to send your child there.

 

[BL]

I had Court experience w/ my g/f and her son .
Father incarcerated for 25 - life.

The grandmother use to take the son to visit w/ father.

When things became derogatory from both the parties , mom stopped contact.

Granny & father filed visitations together , petitions were separated.

The visitations w/ Dad were suspended until such time as resumption was approved by child's psychologist.
Father filed fictitious allegations against mom after, and contempt petition was dismissed, and Judge noted continued false filing would be dealt with by law. No more Father/child contact.

Eventually , granny's contact was through the therapist, and the therapist wouldn't have contact.End of story.

That visitations never happened again.

The Judge from the old school said that's no place for a child.

Although they do have rights for visits. I think it largely depends on the circumstances , and how long the incarceration is for.

I would NOT think you would be required to travel any out of the way miles, to produce the child yourself for visits.

If other means were presented it may be allowed.

 

[JoandJa'smom]

No, while a parent is in jail they actually don't have any custody rights to the child/children. And no judge is going to enforce a child be taken to a jail to see a parent.

JoandJa'smom

 

[jez51]

Actually...

Judges do enforce visitation with incarcerated parents, but it depends on pysch. reviews, age of child, and type of facility that parent is in. We have a womens minimum security prison in our state that has a program to keep children bonded with their mothers. According to statistics it has helped many of them from being repeat offenders.
As for parents who are convicted of rape, molestion, child abuse or commit murder, I agree, there should be no question that they lose parental rights!

 

[dixygrl04]

For some reason, women's prisons are different, I guess because moms usually have the primary care, custody, etc of kids, so I can understand that. Many facilities do encourage bonding with families, I think maybe to encourage the inmate to try to straighten up, etc, but I have never heard of a judge ordering visitation while incarcerated for a father's rights, like I said, I was under the impression that rights were lost while incarcerated, and you don't have visitation order yet, so I can't see a judge ordering that, especially for a 5 yr old. What kind of relationship does the dad and child have anyway?

 

[pk13]

Thanks for all your responses

My son is two and a half. He was actually in jail previously...drug related...I had my son while he was in jail. I supported him and he came home after his sentence...which was a year and a half. He was only here for 5 months when I kicked him out because I suspected he was using. He commited another crimage approx one month later. So that's the relationship in a nutshell.

I am not supporting him this time, he had his chance. I have had no contact and don't plan on having any. From what I understand, he is incarcarated about 110 miles away. He is in for 5 - 6 years. It just makes me crazy to think I would have to bring my son there for visitation. I appreciate any other experiences people can share.

 

[binghamv]

Been through the same thing in WI. Due to the distance from home if it goes to court you could argue that more than 3 hours round trip is too much to ask of your child. It worked for me, but the drive would have been at least twice that. I have found that judges in my area are not fond of sending young children into jails and prisons

 

[pk13]

Thanks for your response

Why do you say the drive would have to be twice that?? It would be about two and a half hours there and two and a half back. Thanks.

 

[BL]

I do not believe a Judge would order the parent to provide the transportation .

What iF the other Parent had no means of transportation so far ??

I think in your case of the amount of time sentenced, that would be enough to deny visits anyway .

 

[pk13]

thanks for your input!!