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visitation in jail?

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QueenOfTheHill

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

My son has sole legal/physical custody of his 18 month old daughter. Mom is in jail.

Mom was appointed a public defender.That public defender was my sons attorney in the custody case. Isn't this a conflict? I hired this attorney to represent my son,and he did a wonderful job. Was hoping to use him again,as she's already said she would be filing to change custody when she gets out. Since the attorney is now representing Mom in a criminal matter,will he even consider representing my son in family court again? (the criminal matter is in a different county than the family court,if that matters)

Mom has visitation rights. She has only been in jail a week. Unsure of how long she will be there,could be a year or more. The county jail she is in,does not allow contact visits for anyone under 18. So it seems pointless to take such a young child.Seems like it would just create frustration on both sides of the glass. I guess this is more of a moral question than legal. We don't want the baby to forget who her Mom is,but it just feels creepy to take a baby to visit in jail. Does Dad have a legal obligation to make sure visitation continues while Mom is incarcerated?

(I have been a lurker here for years,so I know that this involves me NOT AT ALL-but my son is asking me for guidance,and I honestly do not know what to tell him.)
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Indiana.

My son has sole legal/physical custody of his 18 month old daughter. Mom is in jail.

Mom was appointed a public defender.That public defender was my sons attorney in the custody case. Isn't this a conflict? I hired this attorney to represent my son,and he did a wonderful job. Was hoping to use him again,as she's already said she would be filing to change custody when she gets out. Since the attorney is now representing Mom in a criminal matter,will he even consider representing my son in family court again? (the criminal matter is in a different county than the family court,if that matters)

Mom has visitation rights. She has only been in jail a week. Unsure of how long she will be there,could be a year or more. The county jail she is in,does not allow contact visits for anyone under 18. So it seems pointless to take such a young child.Seems like it would just create frustration on both sides of the glass. I guess this is more of a moral question than legal. We don't want the baby to forget who her Mom is,but it just feels creepy to take a baby to visit in jail. Does Dad have a legal obligation to make sure visitation continues while Mom is incarcerated?

(I have been a lurker here for years,so I know that this involves me NOT AT ALL-but my son is asking me for guidance,and I honestly do not know what to tell him.)
Son needs to contact attorney and bring up the fact that this is a conflict.
 

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