How do I get a court order to reinstate visitation with my child?

If you were convicted of certain offenses involving your own child, the CDCR may not allow your child to visit at all. To try to resintate visitation privileges, you can request a court hearing to determine whether visitation is in your child’s best interests.[2502] If the court finds in your favor, you may be able to have non-contact visits with your child.[2503] The court in which you must file depends on the status of your parental rights, among other factors. Legal Services for Prisoners with Children’s Child Custody and Visiting Rights Manual for Incarcerated Parents[2504] has more information about reinstating visitation. To request a free copy of the manual by mail, write to:

    Legal Services for Prisoners with Children
    1540 Market Street, Suite 490
    San Francisco, CA 94102.
  1. 2502

    Cal Wel. & Inst. Code § 362.6; Cal Pen. Code § 1202.05.

  2. 2503

    Cal. Code Regs. tit. 15, § 3173.1

  3. 2504

    Legal Services for Prisoners with Children’s Child Custody and Visiting Rights Manual for Incarcerated Parents, available at http://www.courts.ca.gov/documents/BTB_23_4K_3.pdf.