Going to jail can impact an individual’s life in a variety of ways. If a parent is convicted and incarcerated, one of their top concerns would be how this development will impact their parenting plan. Obviously, incarceration affects a parent’s ability to spend time with their child.
Where parents share custody, the non-incarcerated parent would naturally assume full custody of the child while the other parent is in jail, although there are exceptions to that rule. If both parents go to jail or if the court establishes that living with the non-incarcerated parent would put the child at risk, then the court will definitely explore alternate custody arrangements for the child.
The jailed parent might lose their parental rights
Incarceration, in and of itself, is not a reason for an Aldie parent to lose their parental rights. However, it can form the basis for terminating these rights if any of the following is true:
- The parent in question has been convicted of a sexual or violent crime like sexual assault or murder
- If the incarcerated parent has set a behavioral pattern that makes it likely to face incarceration in the future
- If the incarceration will to the parent being away from the child’s life for years, like a life sentence without parole
- If the court determines that a relationship between the incarcerated parent and the child would put the child’s well-being at risk
Having a parent go to jail can greatly impact a young child’s life. Find out how you can safeguard your child’s best interests if your co-parent is incarcerated.