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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 06/15/07
bb from TN said:
i have a 8 month old baby and her father is a convicted felon i not with him anymore i left during my pragnancy because he was abusive to me and he used drugs and drank all the time. now he is in prison for at least 2 years i need to get his rights took away.
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On 06/04/07
Tasha from FL said:
I am an unwed mother, my daughters father is a convicted felony with a history of drug and alcohol abuse, and a very violent nature. He has been in and out of jail several times just since I have known him. I absolutely don't trust him or his family with my daughter. What is the likelihood that he will end up with some sort of visitation? And what can I do to get legal & physical custody preferably w/o visition for him but if there has to be visitation to be supervised? Someone please help!!!
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On 01/03/07
Heather from PA said:
I am 18, and I am a single mother. My baby's father is turning 21 in February, and he is being charged with statutory rape against both a 15-year-old and a 12-year-old. For only one of the charges, he is facing 5-20 years in prison. I do not want my daughter to grow up around the prison atmosphere, so I do not want her to visit him. I also do not want him to come around once she is older and automatically get rights without her first knowing him. What can I do? Do I have to allow his family to take her to visit him in prison?
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On 09/14/06
Viola from NV said:
My brother is incarcerated,and his wife is now having relations with an immigrant.She will have no contact with my brother family or I.The children are being neglected.She does not send the 2 oldest children to school.They are living with an immigrant family, in a 1 to 2 bedroom apt.,they're are 9 of them total.It is in a bad neighborhood.We've always taken care of the children.She abandoned her children with my brother for 6 months.
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On 06/19/06
Angela from IN said:
My osn is 8 his father has been to jail twice for drug (coke) and on house arrest, now he is running from the law because he cut his house areest braclet off. How can take his rights be taken away so I can move one with my life and let another man be his dad with know interuptions from him.
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