Incarcerated Parent and Rights to have Child Visit Him
2 attorney answers
It would take an extremely "hard-hearted" Judge to order parenting time for the incarcerated parent under these facts. While even those on "death row" may be entitled to parenting time, there is absolutely no guarantee such would be ordered unless it is some how "in the best interest(s)" of the minor child and for that you will need to look at Arizona Revised Statute ("ARS") Title 25, Section 403 for guidance; otherwise known as "ARS 25-403". There are a plethora of variables not mentioned in your fact scenario. Only an experienced family law lawyer can help you ferret out what is relevant and not relevant and tell you where things stand. I strongly urge you to speak with an experienced child custody family law lawyer as soon as humanly possible. Good luck in your future endeavors and best wishes for the holidays.
There would be no right unless specifically established by a family court. And while neither the court nor law enforcement can really force the child to visit, the other parent could be punished for violating a parenting plan if it did require visitation and the child refused.
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