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Question: Do convicted felons still retain custody rights?

Answer: Becoming a convicted felon does not automatically end your parental rights to your children. Obviously, if you are incarcerated you won't be able to physically have your children [that is, you can't take your kids with you in jail or prison - they will be in someone else's physical custody while you are incarcerated]. The rights to have custody of your children upon your release from jail will depend entirely upon what the situation is with your family and with your prison sentence.

First, we must consider whether or not CPS [Child Protective Services] is involved in your family situation. If they are NOT involved, then chances are you will remain the parent of your children. This is assuming that you are not going through a divorce, and dealing with custody rights with your spouse.

If CPS is involved in your family situation, then the rights you have to custody of your children upon your release depends upon a lot of things. The most important factor determining whether or not your custody rights will be lost is the length of time you will be incarcerated. Another important factor in determining whether or not you will lose custody rights is the reason why you are incarcerated.

If you are in jail for a very long time, OR, if you are incarcerated for a crime committed against a minor, then CPS may be able to terminate your parental rights. You don't have to be in jail for a long time to lose your parental rights if you are in jail for committing a crime against a child. Also, if your crime is in no way related to crimes against children, you could still lose your parental rights if you are in jail for a very long time. Of course, if you are not going to be in jail for a long time, AND, you are NOT in jail for anything relating to crimes against children, then CPS will not likely have any basis for terminating your parental rights to your children [based upon your incarceration alone].

To read Arizona Law which covers this situation, see A.R.S. 8-533(B)(4).
Comments
21 thru 23 of 23 comments
On 04/16/04
Shelly from OR said:
My daughter's father is a convicted felon. He only had a few months in jail and now is on probation for 36 months. The felony has nothing to do with minors. It has to do with drugs. I don't want him to any any rights to take our daughter anywhere, because he does things I ask him not to and I don't trust him or his family. I'm not sure if that's enough to be able for him not to take her or not. I only want him to be able to have supervised visitations. Does he still have to pay child support even if he only gets supervised visits?????? PLEASE HELP??
On 02/29/04
violeta from TX said:
my brother is in prison for violating his prohabation of sexual misconduct with a minor what rights does my mother have about his now community property and his children. He is still married but his wife wants a divorce. Meanwhile is there anything we can do leagally to save his home incase his wife abandons the house or visitation of his children by my mother and I since we have been raising their children and the mother was going to give guardianship to my mother and we have all the childrens documents, which she haded over wilingfully. What can we do and wat are our rights????
On 02/10/02
Summer from AZ said:
If a child has a reason to runawawy they need a plan on what to do after they leave the conditions that they are in. Children under the age of 18 don't need to be on the streets at such a young age.
21 thru 23 of 23 comments


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