Reviewed on: October 07,2015

I have been with the father of my kids for 9years, he's serving 2 years at the CNMCF level 2. Can we get married while he's locked up? Can I visit him without being married?

Asked: December 19,2014
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1
Inmates who are serving less than a year will usually have their application for marriage denied with the presumption being that such a short wait will not harm the prisoner or prospective spouse. Each partner must be legally eligible and mentally competent to marry. Marriages may be blocked for security or disciplinary reasons; solitary confinement can block access to marriage. Most states do not allow marriage for inmates on death row; California is at least one exception to that rule. Some jurisdictions, such as the state of New York, do not allow an inmate to marry another inmate. Some jurisdictions may allow an inmate to participate in a proxy marriage, or a double-proxy marriage. These are marriages where either the incarcerated party or the outside partner, or both, cannot be present at the solemnization of the marriage. Those seeking to marry should approach the warden or chaplain to determine the individual requirements for marriage at each particular institution.
Accepted Answer Date Created: December 20,2014

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