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When a parent is in jail or sent to prison, how will that affect custody of the children? Unfortunately, this is one of the serious issues that come up when a parent gets in trouble due to a crime. A felony conviction can have an impact if custody has not been determined.

Now the question arises what is best for the children? Do they need to get out of a zone where they miss their parent?

The court can also take into consideration a parent’s record and their family condition.

Child Custody after Jail

If you are seeking custody of your children after you are released from jail, you need to follow a legal procedure. When a parent is away for a long time the child will either stay with a relative or be given special services under foster care.

Incarceration – How Does It Affect Child Custody?

Incarceration can affect a child’s life in a major way. Because they are away from parents, he or she may lack moral support. With this situation, the other parent can become the custodial parent while the other person remains in jail or prison.

Parent of a Minor Child

Supervision arrangements for a child under the age of eighteen are specially made. It is observed that the child has basic living arrangements or not. The court may take part in some of the proceedings to take care of the child.

More Serious Crimes

The severe the charges against the parent, the less are the chances they will return to society. It depends on the crime that how long the person will remain inside the custody.

Shared Responsibility

Unfortunately, the incarcerated parent cannot have custody of a child when they are inside the bars. But in this situation, the parents can share the responsibility to ensure the welfare of the child.

Legal Support through Incarceration

The mother or father that faces a long prison or jail sentence wants that their child outside should get proper legal support. They can also hire a lawyer to look after all their custody arrangements.

Charges that can affect Custody

If the custodial parent goes to jail or prison, the judge has the power to determine what to do next. Charges involving more serious crimes could shred this person of parental rights.

Parental Rights

Can one lose his parental rights if he is sentenced to prison or a residential treatment program?

The answer is not necessarily. Federal law says that if your child is in foster care the agency can file a petition to terminate your rights.

Therefore, as a parent, you should make sure to stay in contact with your child. In addition, you can work towards a permanent arrangement for him/her.


How do parents visit their kids if the other parent has an order of protection against one of them?

In this specific case, you can ask your defense attorney to get the criminal court. You can go into family court yourself and file for visitation rights in family court. The only thing it will require is an order of protection for subject to family court modification.

Adoption & Foster Care

Can anyone still become a foster or adoptive parent if they have been convicted of a crime?

Truly, in this case, it depends. You can be certainly denied if you have a felony conviction for child abuse or spousal abuse. Your record shouldn’t be a crime against a child, drugs, or physical assault.

Learn these parental rights for strong child custody after felony. Although to get it may sound difficult it is not impossible. With the right guidance, you can make the best use of it.

Consulting with a Lawyer Can Assist During This Time

Some parents will seek the option to consult a lawyer while being in the custody. The judge will decide in such a way that meanwhile one remains in jail; the other can be a good fit.

Common Questions That Individuals Generally Ask Are –

How is custody affected if a person has been convicted of a crime?

Can an individual get sole custody if his ex is in prison?

Who will get child custody when one parent is in jail?

Can one get custody with his criminal background?

Can a person get shared custody if his or her partner is in prison?

The answer to all the questions is yes, it is possible provided the court allows you to do so.

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