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What Happens to Custody Agreements When a Parent is Imprisoned?

When one parent is in prison, it is normal for the other to worry about their visitation rights. Will they still be able to see their children? How often will they be able to visit? What if the prison is far away from where they live? These are all valid questions, and it is important to have a family law attorney who can help answer them. Calfas Law Group, PLLC can help discuss visitation for parents who are in prison as well as how custody agreements may be modified in these cases.

Visitation Is Possible

If you have an existing custody agreement, visitation may still be possible. The visitation schedule will likely need to be adjusted though, as the imprisoned parent will not be able to adhere to a typical agreement. It is important to work with an attorney to make sure that the visitation schedule is fair and manageable for both parents.

There are a few different ways that visitation can take place. If the prison is local, then visitation may be able to happen in person. If the prison is further away, visitation could happen through video conferencing or even over the phone. It is important to consider options with an attorney so that you can decide what will work best for your family.

Modifications Are Often Necessary

The other option is to modify the custody agreement altogether. This may be necessary if the imprisoned parent is going to be in prison for a long time or if they are unable to comply with the existing visitation schedule. A modification can also help ensure that the child’s best interests are being considered. If you are considering modifying your custody agreement, it is important to speak with an experienced family law attorney who can help you navigate the process.

Know Your Legal Options

If you are a parent who is facing incarceration, it is important to know that you still have options when it comes to visitation and custody. An experienced family law attorney can help you understand your rights and options so that you can make the best decisions for your family. We are here to help.


Do you have questions about custody in Texas? Contact us at (210) 405-8315 for assistance today.