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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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On 10/18/08
Angela from VA said:
a felon is a person just like any other person. they make mistakes and they have to face the consequences. once they have done that, their pasts should not be held against them unless it's relevant. the judgement of average people who commit worst offenses everyday needs to cease. give them a chance, you'll be surprised at how much they can achieve.
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On 10/12/08
Michel from AL said:
I think NO parent deserves any rights to a child when they are a convicted felon. They know what is the difference between right and wrong. I'm tired of people sticking up for people that do wrong. How about the child? That does NOT set a good moral example to them at all when your in prison!
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On 08/21/08
Kim from IN said:
I have spent the last three and half years serving a felony drug charge. I am now on house arrest. I pay my support every week my ex and I share joint custody. My ex is saying that since i am still invoved with the courts that he doesn't have to let them see me is that true?
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On 10/08/07
ano from CA said:
If a girl was raped age 12yrs old. Does CPS get involded? Parents weren't involed with the rape. It was some older kids age 15yrs to 17yrs.The parents don't want to press charges. Does the DA pick up the case? If the parents don't press charges?
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On 07/24/07
Tonya from NC said:
I have two boys ,their father is incarcerated . I am currently in court because his parents falsely accused me of child abuse on my oldest son, witch i proved it to be not true ,now that i proved that , they started saying they took them to school more than i did and they went to confrences at school more than i did when in reality i was a single parent working third shift ,therefore i slept most of the day and i was unable to participate in any school activities for the first five months of the school year.
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