Thursday, March 02, 2006

How do I retain my parental rights if I am an inmate in jail or prison?


First and foremost, retain an attorney to assist you. Second, even though you are in prison or jail, you MUST do the following, if you want to try to retain your parental rights:

1. Provide monetary support for your child(ren). This shows you are providing or trying to provide for their upkeep and care.

2. Maintain regular contact with your child(ren). This contact consists of visitation (them coming to see you), weekly telephone calls, letters, cards, etc.

3. An attorney must appear to represent you in court at all hearings. The attorney can provide the court with your affidavits (your written statements to the court) and ensure the court knows you are interested in retaining your legal parental rights.

Doing these things establishes you are still providing the emotional support, affection, and guidance of a caring parent.

What is Termination of Parental Rights?



Termination of parental rights occurs after the court determines one or both parents has either neglected or abandoned the child(ren) social services has in their legal custody. Termination of rights occurs because parent(s) have failed to provide for their child(ren), neglected their child(ren), or have shown a disregard for the general welfare of their child(ren). This termination hearing will take place because Federal Law states that Child Protective Services must file a Petition to Terminate Parental Rights when a child has been in substitute care for 15 out of 22 months. This is to encourage the parent to deal with the issue in a timely manner and to allow the child to have a permanet home. In regards to a parent who may be incarcerated over 15 months, they should seek a Guardianship for the children with someone they trust. There can be an ending date on the Guardianship to coincide with the parents release or a few months after their release date. Otherwise, the parent (s) have up to one year's opportunity to complete their case plan(s) and get custody returned. If a parent(s) has not retained an attorney before this hearing, it is recommended they do so immediately.