Will Incarceration Impact Parental Rights in New Jersey?

If you are a co-parent facing incarceration, this can be an incredibly anxiety-inducing time, as you may not know what the future holds, especially when it comes to your rights as a parent. As such, if you are facing incarceration and worried about the impact it will have on your parental rights, you’ll want to keep reading. The following blog explores what happens when a parent is convicted of a crime and sentenced to time behind bars, as well as the steps you can take to help fight for the best possible outcome. In addition, you’ll discover the importance of working with New Jersey family law attorneys to assist you through these difficult times.

Will I Lose Parental Rights During Incarceration?

One of the biggest fears parents who are facing incarceration have is that their parental rights will be stripped. However, it’s important to understand that New Jersey will not automatically strip the parental rights of an incarcerated individual. The circumstances under which New Jersey will revoke parental rights include, but are not limited to, the following:

• The child has spent 15 of the past 22 consecutive months in foster care
• The parent has been convicted of child abuse or neglect
• The circumstances surrounding the crime the parent has committed (typically relegated to murder or manslaughter charges)
• A parent has abandoned their child and cannot be located
• The parent has failed to remedy the circumstances following the removal of a child from the home

Unfortunately, however, if the child’s other parent petitions the court, they can use your incarceration as an attempt to gain sole custody of the child. However, with the help of an experienced attorney, there are steps you can take fto fight for your rights during these matters.

What Can I Do to Fight to Keep My Rights?

If you are facing incarceration and are worried about the impact it can have on your parental rights, there are steps you can take to improve the circumstances of your case.

Generally, one of the most important steps is to attempt to maintain contact with your child, even while behind bars. This includes sending letters and making phone calls. If you can show that you remain dedicated to your child, even if you cannot be physically present, this can help show the court that you fully intend to remain committed to your child.

Incarceration can be an incredibly nerve-wracking time for a parent, especially if it can have an impact on your rights as a parent. As such, it is in your best interest to connect with an experienced attorney with Haber Silver Russoniello & Dunn to explore your rights during these difficult legal matters. Our firm will explore the circumstances of your case to help you fight for the best possible outcome for your family. Contact us today to learn how we can assist you.