When you and your spouse decide to file for divorce, it can be incredibly upsetting. However, when this stress is compounded with one parent navigating the legal system and ultimately ending up incarcerated, it can become overwhelming. One primary concern incarcerated parents and their ex-spouses often share is whether or not the convicted parent will lose their parental rights. If this reflects your circumstances, the following blog explores what you should know about incarceration and parental rights, as well as the importance of working with a Nassau County family law attorney to help you navigate these difficult matters.
Under What Circumstances Can the State Revoke Parental Rights?
When a parent is incarcerated, it can be incredibly difficult for everyone involved, including the child. However, it’s important to understand that just because a parent is incarcerated does not mean their parental rights will automatically be terminated. In the same vein, child support payments will continue as usual unless the incarcerated individual seeks a modification.
Generally, the state will only consider termination of parental rights under the following circumstances:
- The parent has not tried to communicate with the child for at least six consecutive months
- If the parent is convicted of a serious crime, like murder, the state can petition for the termination of their rights
- The child has been in foster care for at least 15 of the previous 22 months and the foster agency has petitioned for the termination because of neglect or abuse by a parent
Can a Parent Retain Custody During and After Incarceration?
However, you should note that while your custody rights may not be automatically terminated, time in jail can impact custody if the other parent is seeking a modification. The courts will examine a number of factors to determine what is in the best interest of the child, and your inability to care for your child because of incarceration can impact their decision. As such, the other parent could be granted primary or sole custody during this period.
You should note that just because you may not be able to be physically present for your child does not mean you should give up. Instead, you should do your best to maintain communication through letters and phone calls. This can help show the court that you are making an active effort to remain in contact with your child despite your current circumstances.
As you can see, incarceration can greatly complicate custody matters. That is why it’s imperative to connect with an experienced attorney to help guide you through these difficult times. At Barrows Levy PLLC, our dedicated legal team is committed to helping you fight for the best possible outcome for your circumstances. Contact our team today to learn how we can assist you.
