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Speak Up! - View Question #141 |
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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).
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| Comments |
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On 04/26/09
cilla from NM said:
my father just got out of prison and i am now 16 years old turning 17 next month and i am also in foster care so i have so many questions i just want to go back to my father but i dont know if i can because he comited a crime against a minor i am also native and i am involved with the burue of indian affairs
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On 03/05/09
Mona from TX said:
We are raising a child who is 4yrs..at the time she was 1 when her father was put into prison for drug charges. Her mother is running around acting like she is free no obligations to the child and treats her like she hates her. Than the she is running around saying its our fault that she is the way she is and his fault for leaving her to tend for a brat. We are not willing to give this child up to the father because the child is in a stable home who loves her and dedicated all our time to raising her. Now the mother wants to take her away from that and give her to this man.
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On 02/25/09
Lisa from IN said:
I have spent the last four years of my life raisings a child whose mother is a convicted drug offender. In the two years prior to her incariration she repetely failed to comply with the rules and stipulations set forth by CPS. After being released only one, month she wants visitation rights. I am furious. The child is six years old, is in a stable, drug free home, and exceling at school. I believe the childs "mother" needs to be a parent and do what is best for the child, which is let the child continue living a normal life. The games this woman plays with her life aren't ment for kids.
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On 01/22/09
Teresa from MA said:
My sister is 28 years old, 6 years ago she committed a crime that she is now in jail for. Her daughter was 1 when is happened and now 6 years later, after bringing her up wonderfully, she is being punished for the crime. My sister has a degree in finance, is an asset to society and the perfect loving mother. She is already being punished for her actions, and in addition only allowed to see her daughter once a month. Some of you people are telling me that she doesnt deserve to gain custody back the second she gets out? Every case is different and you can't group every felon together. God Bless
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On 01/17/09
Joanna from TX said:
The BobbieLynn Wilks Law, signed in 1998, by TN Governor Sundquist, was intended to give voice to children of convicted felons who do not want to live with the felony convicted parent.
Before BobbieLynn died, she had asked many times,"What good is the law if no one will enforce it?"
Felons are certainly people, and some are good people who made a bad choice.
Other felons have no business raising children. A man that would desecrate some 80 bodies by burying them in garbage bags and reusing the caskets, is certainly not someone I want around my children.
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