Having a child is a momentous occasion for a person. Unfortunately, being
incarcerated can complicate this major event for many people. An incarcerated
parent may be forced to forfeit their parental rights. While it is improper
for parental rights to be terminated if a parent is unable to financially
provide for a child due to incarceration, termination may be considered
if the parent's efforts fall short of assuming their parental duties
Generally, termination of
parental rights will be based on whether the period of time that the parent is expected
to be incarcerated will constitute a significant portion of their child's
minority. The time remaining on a sentence and the amount of time remaining
as minor is measured and examined in order to determine if a parent will
be incarcerated for a significant portion of a child's minority. However,
the amount of time the parent has been incarcerated for compared to the
child's age to date is not scrutinized.
While length of incarceration is critically scrutinized; the actual effect
of incarceration on the parent-child relationship will is given considerable
credence. Typically, the only effects that will lead to a termination
of parental rights is if continuing the parental relationship with the
incarcerated parent would be harmful to the child and, because of that,
termination of parental rights is in the best interest of the child.
Questions? Contact Owenby Law, P.A.
Whether you are an incarcerated parent or seeking to terminate incarcerated
parent's right, Jacksonville family law attorney
Joy Owenby, and Owenby Law, P.A. can help. To schedule an appointment in her Duval
County office, contact us at (904) 770-3141. Joy N. Owenby serves clients
who need representation in all
family legal matters in Jacksonville, Duval County, Clay County, Nassau County, Saint Johns
County, Orange Park, St Augustine, Middleburg, and all areas of northeast Florida.