Legal Question in Family Law in California

Re: Does CA have Incarcerated Parents Visitation Rights?

Incarcerated parents usually have the right to receive visitors including minor children, depending on whether they are incarcerated in a state prison or county jail. In county jail an adult must accompany the child and you get a telephone visit through glass. In state prison, unless the committed offense involved child abuse or other specified crimes, after registering with the prison and when accompanied by a registered adult, minor children may have contact visits. If by your question do you mean do incarcerated parents have the right to compel the custodial parent or caretaker to bring the child, it depends on the type of court that would issue the order (family law or juvenile dependency), the willingness or unwillingness of the custodial parent to participate (visiting jails and prisons is a major hassle, often involving significant travel, cost, and time) and other factors. If you are female, incarcerated in state prison, and your child is very small there is a limited live-in program available through CDC.