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


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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.”

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.