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Will I lose visitation because I served time in prison?

On Behalf of | Jun 15, 2022 | Parental Rights

Holding on to your rights to visit your child after your divorce has probably been difficult enough. However, you later encountered trouble with the law and had to spend time in prison. Will a Texas court see you as an unfit parent and deny you the right to see your child? You should know that this might not be the case.

The Texas Access website explains how going to prison may or may not affect your rights to visit your child.

A conviction and your parental rights

A criminal sentence following a conviction establishes any fines you must pay and any amount of time you must serve in prison. However, a conviction does not directly address your rights as a parent. Just because a court has convicted you of a crime does not mean that the court has automatically reduced or removed your rights to visit your child following your release from prison.

Your rights after incarceration

The state of your parental rights will depend on whether a court has changed your existing custody and visitation order as a result of your arrest and/or conviction. In some situations, a judge will remove custody and visitation rights. However, if a court does not change your custody order, you should still have all the rights you possessed before you went to prison.

Depending on how long you spent in prison, reuniting with your child may be difficult. Hopefully, your co-parent will want you to resume a place in the life of your child. Still, expect that your ex might have concerns about how you will relate to your offspring. It may take time for you to rebuild a rapport with your child. Even so, the effort to restore your parental relationship can be well worth it for you and your family.


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