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Ex is in jail...does he have say about his visitation rights?

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jradke

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

Hello, i have a question that i have wanted answered for a long time. my ex goes to jail at the end of the month and he gets our daughter every wed and sat nights, when he goes to jail he thinks his gf can take our daughter on his set nights. does he have the right to pick someone to take our daughter for his nights or does he have no say while hes in jail?
 


ErinGoBragh

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

Hello, i have a question that i have wanted answered for a long time. my ex goes to jail at the end of the month and he gets our daughter every wed and sat nights, when he goes to jail he thinks his gf can take our daughter on his set nights. does he have the right to pick someone to take our daughter for his nights or does he have no say while hes in jail?
He really has no say. YOU can bring her to the jail, but you don't have to let GF come and pick her up for it. A judge would have to find that it's in the best interest of the child to force visitation in an environment like that, and I'm not sure about your local jail, but I know my local jail requires that a parent or guardian bring the child- so GF couldn't even do it here. You may want to contact the jail about their policies.
 

Isis1

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

Hello, i have a question that i have wanted answered for a long time. my ex goes to jail at the end of the month and he gets our daughter every wed and sat nights, when he goes to jail he thinks his gf can take our daughter on his set nights. does he have the right to pick someone to take our daughter for his nights or does he have no say while hes in jail?
Your ex is hilarious!!!! LMAO!!! His girlfriend has NO legal rights whatsoever!

Most important piece of advice ever...never take legal advice from an ex. EVER.

How long is the ex in jail? What was he charged with?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

Hello, i have a question that i have wanted answered for a long time. my ex goes to jail at the end of the month and he gets our daughter every wed and sat nights, when he goes to jail he thinks his gf can take our daughter on his set nights. does he have the right to pick someone to take our daughter for his nights or does he have no say while hes in jail?
Your ex cannot transfer his visitation rights to his girlfriend while he is in jail. In addition, you are also not required to take the child to visit him in jail either.

Do not allow his girlfriend to have the child. If he tries to have you found in contempt for that, the judge is going to laugh at him.
 

Mamax2

Member
From someone in WI who went through this, everyone is right. Do NOT give kiddo to GF (visitation cannot be transferred, even to grandparents - thank god). Do you know where ex is going - is it county jail, or the state prison system? That makes a difference IF you are going to take kiddo to visit. If he's going to county jail, then you can go visit during their visiting hours. If you are going to be dealing with state prison system, whole 'nother story. He's going to have to put you and the child on the visiting list, but also, you will have to consent to having kiddo on the list as well. If you are both on the list, he can then call you collect as well (if you want to accept charges and let kiddo talk to him). Not knowing any of your background (how old kiddo is, has he been exercising his visitation, charges, length of sentence, your co-parenting relationship), can't really say much more. Also, I would advise you if he is going into the state prison system, call the corrections dept in Madison and find out his prisoner number and where he's staying (give it a good few months for him to get to the prison destination though - first month or so is just a temp place to see how he's going to do). Get put on the victim's notification list (for when he's released - good stuff to know). Kiddo could write letters to dad and send pix (if you want). Any letters he writes to kiddo will be stamped that they are sent from a corrections facility. Big thing is that you will be responsible for a majority of how kiddo's relationship with dad plays out during this time. You need to make some serious decisions about how this is going to impact kiddo's life, because it will, in more ways than you can imagine, especially if dad is going to be gone for awhile. Again, not knowing some info, I can't really speak to much more.

Hope this helped!
 

AkersTile

Member
Hubby and I took his 4 kids to see their Mom when she was in county. I completely advise against doing that. It was so hard for the kids to go through. They did write her lots of letters, while she was in county and then in DOC. She wrote back once a month and called about once every 2-3 months. That helped them to realize that she was still Mommy even though they didn't see her for over a year.
 

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