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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son is incarcerated in a NC facility. He has a daughter

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My son is incarcerated in a NC facility. He has a daughter that was born after he was sentenced. I have been paying half of the daycare for over 2 years but when he ask the mother to allow her to visit she say she is out of town or something. Can he request regular visitations while incarcerated?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

I am sorry for your son's situation. Yes, he can request visitation with her. It would not be regular visitation (one day a week, every other weekend, etc.) due to his incarceration, but the Court would order something. However, to do this, he has to file in family court for custody orders. He can do this while even in prison although using an attorney is much more convenient. The Court will then order some form of visitation.

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Customer: replied 5 years ago.

I usually visit him bi-weekly and would take her. Why do you say they would not give him regular visits (bi-weekly).

Expert:  Ely replied 5 years ago.
Hello,

Standard visitation if he were out is one day a week, every other weekend, alternating holidays, and extended breaks. Obviously this is not possible in this situation. As so, the Court would then order visitation that is "reasonable" and "in the best interest of the child." The visits can be often, even bi-weekly, but it is up to the Judge to decide when and for how long - this is what I meant.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction – really – don’t be shy! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
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