Legal Question in Family Law in Utah

Custody/Parental rights of incarcerated parents

What happens to a parents custodial and/or parental rights if they are incarcerated? One parent has custodial rights already taken away, and now both are in jail.


Asked on 4/01/98, 5:11 pm

2 Answers from Attorneys

Jonathan Schiff Self employed

incarcerated parents

I hope someone used the old Laurel and Hardy line "This is another fine mess you've gotten me into..."So both parents wound up in jail. At that point the possibilities are endless. Alot is going to depend on what, if any, plans were made for the child when the custodial parent went to the pokey. Then of course, the nature of the crime also matters. If it was an offense against the child, this might involve children's services, especially if the custodial parent were to be released. As often is the case in these posts, I really need to know the context of all this before I could tell you anything. A good place to start is knowing where the child is currently residing if both parents are incarcerated and under what arrangement.

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Answered on 4/15/98, 9:06 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Suitable care and custody by fit or unfit parents

Ditto what Atty. Schiff said. To many questions left unanswered to supply you with reliable advice.Nevertheless, the law is interested in the "BEST INTEREST OF THE CHILD." To do that the court will examine whether one or both of the parents can provide SUITABLE CARE of the child. The court will also examine the FITNESS of parents to give proper custodial care of the child. If neither of the parents is deemed fit, the child will be sent to some kind of alternate custody: for example, foster home. Good luck to all of you. Regardless of what happens, keep in touch with the child. That poor child, who is now deprived of loving parents, will need you throughout his or her life. Try, try, try to live up to those responsibilities you incurred when the child was spawned.

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Answered on 4/17/98, 1:07 pm


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