Currently, around 1.5 million children have parents who have criminal backgrounds and are spending their time in prison. There are around 10 million children in the US whose parents have been convicted and imprisoned at some point. Once released from prison, these parents can major challenges pertaining to family life, which includes reuniting with their family or obtaining custody or visitation rights with a criminal record.
There are several law firms in the US that represent the rights of individuals who have been imprisoned. Many of these law agencies indicate, parents who have been convicted of a crime often believe that they will not be able to seek custody of their children. However, that may or may not be true. If the parent has not been convicted in a separate category of crimes, he may have equal right to retain custody of the child.
Whenever a parent is imprisoned or released from prison, he/she should consider consulting an attorney to learn what his/her options are regarding child custody and support orders. Often, parents fail to understand that although their income has stopped due to imprisonment, their child support obligations may have to be fulfilled. Many parents who get released from prison, and do not have custody of their child, fail to get their child support orders modified. In some cases where these orders are not modified, a serious problem regarding child support arrearages may arise. To avoid possible penalties such as government sanctions and a reduction in wages, if employed, you would be wise to consult an attorney to find out where you stand legally on your particular matter. For example, once released from prison, you would do well to consult an attorney in your jurisdiction to learn if filing a petition to modify child custody and support is in your best interest.
When a parent applies for a child custody modification, the details regarding his/her criminal record and his/her current employment may be exposed through discovery to determine background information. Any parent who has a history of child abuse or child endangerment will likely be faced with limitations with respect to their rights to custody.
Steven Carlson is the author of How to Win Child Custody: Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost! and founder of Child Custody Coach in Orange County, California. He is known nationally as The Custody Coachâ„¢ and provides individualized help and one-on-one coaching services to parents in the field of child custody cases and visitation issues, divorce, custody evaluations, 730 evaluations, parenting techniques, and attorney and client fee disputes. Steven Carlson provides support for Custody Match, a Southern California divorce attorney and consumer matching service.
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