After he was incarcerated in state prison, the trial court awarded custody of the minor children to the mother and, later, denied the father's motion to set aside the prior order. The father was not able to attend either hearing. The mother was awarded sole legal custody of the children. The father was not awarded any visitation rights. The matter was remanded to the trial court for further proceedings consistent with the decision.
Inmates have a right to reasonable visitation with their children.
The father should have been afforded a reasonable opportunity to assert his visitation rights. The court properly denied the maternal grandparents' request for visitation rights. The parties agreed to jointly retain an expert to assist them in resolving their on-going disputes over custody and visitation of their son. The wife's parents were joined in the case and sought visitation rights with the child. Except for describing their close relationship with the child, the grandparents did not propose a specific visitation schedule for themselves.