Can I Prevent My Child From Seeing Their Father While He is in Prison in New Jersey?

Can I Prevent My Child From Seeing Their Father While He is in Prison in New Jersey?


Having the father of your child in jail can obviously be a huge source of stress. It can affect your relationship with your child and many other aspects of your life. You may even feel judgment from your family, friends, or coworkers.

Nonetheless, it is something you have to deal with in the best way you can. You may feel that the best option is to completely block contact between your child and their father, at least while he is in jail.

The State of New Jersey’s constitution protects a parent’s right to maintain a relationship with their children when they are incarcerated. However, the Family Court can void this right if they examine the case and decide that blocking all contact is best for the children.

To reach a decision on this matter, the Family Court will consider a few key factors:

  • The type of crime committed: If the court feels as if the type of conviction speaks volumes about the parent’s character in a negative way, then they may choose to revoke rights of visitation.
  • The length of the sentence: If an incarcerated parent is facing a longer sentence, the court may decide that maintaining a relationship with their children will be impossible or not worth the stress.
  • The type of facility the parent is incarcerated in: Some prisons do not offer optimal environments for family visitations. They may be unsafe. They may also lack a secure space where children can spend time with their incarcerated parents. In these circumstances, the Family Court may decide that visitation is either impossible or unideal.

If the court decides that visitations are not in the child’s best interest, then they will strip the parent of their custodial and visitation rights. With this outcome, you will not be forced to bring your child for visits.

What Happens if the Courts do Not Take Away Visitation Rights?

On the other hand, if the court may look at your situation and decide to maintain the incarcerated parent’s relationship with the child. In this case, you may be forced into a complex process wherein the court forces you into a prearranged schedule of visits. You may also need to follow a certain system mandated by state officials.

In some circumstances, the judge may order what is called an “emergency visitation” if you refuse to let your child see their incarcerated parent. If this happens, you will be required to comply within 30 days. They can issue these orders without any notice or hearing.

This is why it is important to prepare a good case for the court that looks at all the important factors. Hiring an experienced attorney is the best way forward if you think that it is in your child’s best interests to stay away from their incarcerated parent.

Do You Want to Keep Your Child Away From an Incarcerated Parent?

Reach out to Giro, LLP, family Law Attorney. We will help you make sure your child’s life gets back to normal so your family can finally move on.


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