Incarceration can present significant challenges to maintaining parental relationships. However, it’s important to note that incarceration doesn’t automatically terminate your parental rights. While the circumstances undeniably introduce complexities, one’s role as a parent can be sustained through appropriate legal strategies. Please continue reading as we explore what you should know about these matters and how our determined Monmouth County Family Law Attorneys can assist in protecting your parental rights after incarceration.
How Does Incarceration Affect Parental Rights?
First and foremost, it’s crucial to understand that New Jersey family courts’ primary concern is the child’s best interest when determining custody, which involves assessing the child’s emotional well-being, stability, and capacity to sustain relationships with both parents. While incarceration can complicate this objective, maintaining contact and demonstrating a commitment to the child’s welfare can still positively influence the court’s judgment.
A prevalent misconception that persists is that incarceration automatically abrogates parental rights. In reality, incarceration alone doesn’t extinguish one’s legal entitlement to their child. Nevertheless, the duration and nature of one’s incarceration can significantly influence custody arrangements. It’s imperative to comprehend the distinction between legal and physical custody. Legal custody refers to the authority to make major decisions regarding the child’s upbringing. Physical custody, conversely, refers to the child’s primary place of residence.
While imprisonment may restrict one’s capacity for physical custody, it doesn’t necessarily infringe upon legal custody. The family court may still permit incarcerated parents to retain decision-making authority, contingent upon the unique circumstances of the case. The length of one’s incarceration constitutes a pivotal factor in the court’s approach to custody matters. Short-term imprisonment may lead to temporary adjustments in custody, whereas long-term or life sentences could culminate in more definitive rulings, such as the transfer of full custody to the child’s other parent or guardian.
You should note that incarceration may be considered by courts as a form of abandonment, particularly if the parent fails to maintain contact with the child throughout their sentence. However, the determination of child abandonment is not always straightforward; the court will examine the duration of the parent’s absence, efforts to maintain communication, and the impact on the child’s overall well-being.
How Can I Re-Establish Custody Following My Release in NJ?
To maximize your chances of re-establishing custody following your release, it’s essential even if physical visits are limited to maintain consistent communication. This can be achieved through letters, phone calls, or video chats. This will demonstrate that you are making an effort to maintain a connection with your child, despite your circumstances. Maintaining regular contact can assist you in preserving your parental rights.
If you are looking to regain custody, you may petition the court to regain your rights. This procedure necessitates filing for modification of custody predicated upon the alteration in one’s circumstances. Demonstrating personal growth, stability, and a genuine commitment to the child’s best interests will be paramount factors in the case. The court will be looking for evidence of rehabilitation.
As you can see, regaining custody or visitation rights can be complex after incarceration. At Paone Zaleski & Murphy, we are prepared to help you preserve your parental rights. Connect with our firm today to learn how we can fight for you.
