Divorcing A Military Or Imprisoned Spouse

Visitation with Incarcerated Parents

A court can order visitation between a child and an incarcerated parent.  When a court orders this kind of visitation, the court must include any necessary restrictions, conditions, or safeguards to protect the child's mental and physical health and to minimize the risk of harm to the child.   A court considering an order of supervised visitation between a minor child and an incarcerated parent shall consider the best interest of the child, including but not limited to, these specific factors:

Factors Concerning the Relationship Between the Child and the Incarcerated Parent

• The length and quality of the relationship between the child and the parent before the parent's incarceration, and the length of time that the child lived with the parent before the parent's incarceration. 

• The desirability of maintaining the continuity of the relationship between the child and the incarcerated parent.

• Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the incarcerated parent.

• The preference of the child, if they are determined to be of sufficient maturity to express a preference. (Note: There is no "legal age" at which a court must consider the child's wishes.  It is up to the court to determine whether a child, of any age, is mature enough for the court to consider the child's preference.)

• The mental and physical health of the child and the parent.

Other Factors

• The willingness of the relative to encourage a close relationship between the child and his parent or parents, including the willingness of the child's custodial parent, caretaker, or legal guardian to voluntarily take the child to the incarcerated parent's place of incarceration for supervised visitation.

• The costs of travel and other expenses incurred by visitation at the place of incarceration, and who will bear responsibility for such costs.

• The effect upon the child of supervised visitation in the place of incarceration and the feasibility, if any, of alternative or additional use of technology for visitation pursuant to R.S. 9:357.

• Other testimony or evidence as the court may consider applicable.