What Rights Does an Incarcerated Mother Have to See Her Children?

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“I know a woman who has just been incarcerated and she is still married.  She is planning to divorce.  My question is there anything that she can do to see her children while incarcerated if the father refuses to bring them to see her.  She has no injunction that says she can’t see her children.  She is so heartbroken because she would like to see her three children but like I said her husband is refusing to bring them to see her.  She is planning to divorce soon she is just trying to get some things in order first.  She is incarcerated in Wisconsin and resides in Wisconsin also.  Any advice would be appreciated.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

When children are involved, it is always best to make every effort to resolve your issues outside of court.  If the husband continues to refuse visits for the children and it is impossible to come to an agreement about the visits, it may be time to seek representation. Since your friend is seeking a divorce, it may be best for her to contact a family law attorney to handle the visitation issues and the divorce issues.



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Author: House Attorney

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