Incarcerated parents can apply to the courts for visitation with their
children. The courts will make a decision based on the best interests
of the children. Some of the best interests factors that may be looked
at by the courts are:
- Where the parent is incarcerated (how far from the child)?
- Who is available to transport the children?
- Whether or not the children want to see the parent who is incarcerated?
- What the parent is incarcerated for?
A petition can be filed for these purposes with the Family Court where
the children reside. Generally I advise a parent who is incarcerated that
wants visitation to have a plan as to how the visitation will be effectuated.
Sometimes this can occur when a grandparent is exercising visitation with
In addition, parents should look into alternative forms of visitation when
they are incarcerated such as video conferencing, which is available in