When a parent is convicted and sent to jail or prison, one of their primary concerns is usually how the incarceration will affect their parenting plan and child custody rights.
In cases where you and your ex share custody, the non-incarcerated parent would generally step up to the plate and assume full custody of the child while you are away. However, the incarcerated parent’s rights could be terminated, depending on the nature of the situation at hand.
Incarceration and timesharing
It is unrealistic for a parent to be there for their child while they are behind bars. For short-term jail time, the court may modify custody in favor of the non-incarcerated parent. This would allow the other parent to have full custody of the child until the jailed parent returns home.
Sometimes, incarceration can lead to the termination of parental rights
Generally, a parent will not lose their parental rights by virtue of going to jail. However, incarceration can be the basis for custody termination under the following circumstances:
- If a parent is convicted of a serious crime like murder, child pornography, human trafficking or sexual assault
- If the incarcerated parent has established a behavioral pattern that makes it likely that they will end up in jail again in the future
- If the term of incarceration is so lengthy that the parent in question will miss most of the child’s remaining years as a minor
- If the court establishes that maintaining contact with the jailed parent is likely to be detrimental to the child’s well-being.
Protecting your rights
Incarceration can be difficult for everyone who is affected by the situation. Learning more about Florida family law can help you safeguard your parenting rights and privileges if you or your child’s other parent are grappling with a criminal conviction scenario.