Parental Rights Terminated Due to Incarceration

Parental Rights Terminated Due to Incarceration

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 while incarcerated.

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.


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