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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 12/03/05
Lacey from ID said:
My husband is a convicted felon. We've been seperated for over a year now. As of January, I will also be a convicted felon. We have a daughter. Where we've been seperated since she was 2 1/2 weeks old and he's only come to see her 4 times and only paid 1 months child support, do you think he would be able to take her away from me? Please Help!!!
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On 08/23/05
brooke from MO said:
i have a two year old daughter, and her father has been in and out of jail since 99 we did not meet untill 2001.he has assaulted me numerous times and i have a protective order.i recently filed for divorce and he is fighting for full custody, i on the other hand dont have so much as a speeding ticket.he stalked and harassed me for the past 8 months. nobody will do any thing to help me now his friends and family are doing the same. his brother has been convicted for kiddnapping, and his dad for murder. i dont know what else to do. i cannot afford to keep paying attorneys.advice anyone.
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On 07/09/05
Heather from KY said:
I just had a baby may 11th,during my pregnancy I had to take out an epo,and a warrant. He treated to kill me,and he had a friend and his sister call and do the same. Him and his sister were both arrested, yet even still going through jury trail, and my 1000 feet epo he continues to find others ways of bothering me.He has a record from drugs,recieving stolen property,and caring a deadly weapon(felony). I am scared for my son life and mine.If he gets visitation I think he'll take off with him, and he he gets no rights I think he'll kill me, I won't even go to the store by myself!Please help me!!
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On 05/13/04
Amanda Sargent from ME said:
My daughter is going to be 4 And my ex who is not only a past felon, but also
known drug offender and alcoholic, and suffers from Manic depressiion and has been
convicted of domestic abuse more then once... is threatening to fight me for custody.
I have full custody, and he has no visitation with her.This is court ordered. He hasn't
paid any of the ordered child support since she has been born He hasn't even seen
her since she was one.. I had a restraing order and a child protective order
on him but now they have run out. Is there a chance that he will get visitation or
maybe more
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On 05/11/04
julie daniels from OH said:
I have the exact same problem with my daugters father, if you have found anything out on what to do, please let me know. Thanks, Julie
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