Can I Get Visitation Rights to My Child if I’m in Prison?

When you break the law in Texas, there is always a chance that you will end up behind bars. If this happens, it is devastating to you and to your family. That includes your children. You lose many rights when you become incarcerated, but is seeing your children one of those rights? It actually depends a lot on your situation.

Once you become incarcerated, Texas Access explains that you do lose your custody rights if you had them before you went into prison. Custody is completely in the hands of the other parent. So, if you have a good relationship with that parent, then you may still be able to see your children. However, if you do not have a good relationship with the other parent, you may not be able to see your children because the other parent has complete control over the situation.

You do still have the right to call and write your children if you want. Of course, the other parent may not accept phone calls and not give your children the letters you write, but you should also understand that your child has rights. If the other parent is blocking all communication, you may be able to legally do something about that.

Once you get out of prison, you should still have your original visitation rights. In some cases, the court may have altered your rights, so you will need to check into that. This information is for education only, and it is not legal advice.

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