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Can An Incarcerated Parent Have Visitation?

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 the children

In addition, parents should look into alternative forms of visitation when they are incarcerated such as video conferencing, which is available in some facilities.