Who Will Take Care of My Kids if I Go to Prison?
When you face criminal charges, there are many complications that arise within the family. One of the biggest concerns for prisoners is how their children will be cared for during their sentence. The U.S. has the world’s highest incarceration rate with over 2.3 million men and women currently serving time in one of the country’s correctional facilities. As a result, the amount of children with at least one incarcerated parent is equally high; there are 2.7 million children (1 in 28) with a parent serving time.
Many children do not know that their parents are incarcerated, and their parents prefer this arrangement. You may wish to inform older children about the nature of your imprisonment or discuss the details with them at a later time. What’s most important is protecting their physical and mental well-being, which means making arrangements that ensure they are well cared for during your time in prison. As some of the best criminal defense attorneys in Philadelphia, PA we want to help explain the process to you, so you can have more peace of mind.
In most cases, the parent who is not incarcerated assumes full responsibility for the child. They may also be placed under the care of their next closest relative, which is typically a grandparent. In order to assume the role of a child’s primary caretaker when their parent is in prison, a person must have legal guardianship.
A child’s legal guardian is able to act as their parent; they can make decisions regarding schooling arrangements, educational assistance and health care. It is important to arrange your selected caretaker’s legal guardianship as soon as possible; if a child does not have a legal guardian and their only parent is incarcerated, they will be sent to foster care.
What happens if I have full custody of my child and go to jail?
If the child’s custodial parent is sent to jail or prison, the judge will evaluate the situation and determine what the safest living arrangement is. In some cases, this may result in the other parent being granted temporary custody. In more severe convictions, such as rape, assault or murder, you may lose your parental rights.
Custody is affected primarily by a parents’ crime and the prior living arrangements with the child. Various factors are taken into account, but the top priority is always the child’s well-being.
If you are a parent facing jail time, the fear of missing out on your child’s life can be even harder to cope with than your sentence. Aggressive Defense has expert defense attorneys; from dui lawyers in Philadelphia to sexual assault and murder attorney, our team of criminal defense team commits themselves to fight for you and achieve the best results for you and your loved ones.