Talking About Family Court Proceedings

How To Regain Custody Of Your Children After Spending Time In Prison

If you are a parent who was convicted of a crime and spent time in prison, you may be worried about regaining physical custody after you have been released. 

Know Whether You Are Eligible to Gain Custody 

There are certain felony convictions that automatically revoke your right to physical or legal custody. These convictions vary from state to state but generally include violent crimes, domestic abuse, and child abuse. In some states, a felony conviction for drug possession or a DUI may also negatively impact your ability to gain custody of your children once you have served your prison sentence. 

Other non-violent felony convictions may make it easier for the other parent of your children to argue for sole custody but may not have a negative affect on your case for custody if the other parent does not want custody of your children or is not able to care for them. 

Knowing your rights and limitations will help you decide whether you want to try for physical custody, legal custody, or simply stronger visitation rights with your children. 

Practice Your Legal Rights While Incarcerated 

As an incarcerated parent, you often retain several legal rights regarding your children. For example, while you will not have physical custody of your children, you may retain partial legal custody of them, allowing you to participate in important decisions regarding their care and lifestyle. 

Also, importantly, you may be allowed to have visitations with your children while you are incarcerated. It is important that you exercise this right if it is available to you. This will show that you want to continue being involved in your children's lives and help you maintain an emotional bond with them while you are incarcerated. If visitation is not available at your facility or due to your conviction, keeping in contact with your children through letters can help establish a bond as well. 

Arrange for Placement With a Responsible Adult While You Are In Prison 

In general, if you are in prison, the other parent will automatically receive physical custody of the children during your period of incarceration. If they are unavailable or unsuitable as a guardian, it is in your best interest to arrange for your children to be under the care of a responsible adult during your incarceration. This prevents your child from going into foster care and helps protect your parental rights. 

To arrange for temporary custody, you and the responsible adult will have to make a notarized statement detailing your arrangement. 

Work With Child Protective Services If Necessary 

If your children were removed from your home by child protective services at the time of your incarceration, it can be a long process to regain custody of them. However, it is important that you work with CPS to meet the requirements they set in order to regain custody of your children. This may include a long checklist of items such as maintaining an adequate residence, securing employment, and attending parenting classes.

Rather than fight against CPS for your children, it is best to approach the situation with an attitude of working together to create the best environment for your children. If you are unable to meet certain requirements, such as gainful employment due to your felony conviction, ask your casework for help finding assistance to meet the requirements. 

Getting back to a normal family life after spending time incarcerated can be difficult. If you have custody concerns when you are released from prison you should consult with a lawyer like Andrew H P Norton to better understand your options and the requirements for restoring legal or physical custody to you. 

About Me

Talking About Family Court Proceedings

Hello, my name is Bridget Waller. Welcome to my site about family court proceedings. My involvement in family court was not a welcome one. Despite the difficulties experienced during that time, I focused on building my knowledge about family court proceedings rather than let the process bring me down. I created this site to share my knowledge with you all, in hopes that I can help others navigate family court proceedings with ease. I will explore every phase of the court process in great detail to help others better understand the proceedings. Please come by my site regularly to learn more. Thanks.