Incarceration poses considerable obstacles to the preservation of parental relationships. Nevertheless, it’s crucial to understand that incarceration does not automatically result in the termination of parental rights. While these circumstances undoubtedly introduce intricacies, an individual’s role as a parent can be maintained through the implementation of appropriate legal strategies. We invite you to continue reading as we delve into these matters and elucidate how a dedicated Nassau County Family Lawyer can assist in safeguarding your parental rights after incarceration.
How Does Incarceration Affect Parental Rights?
When determining child custody, New York family courts prioritize the child’s best interest, evaluating emotional well-being, stability, and the ability to maintain relationships with both parties. While incarceration introduces complexities, sustained contact and demonstrated commitment to the child’s welfare can significantly influence judicial decisions.
A common misconception automatically terminates parental rights. However, incarceration alone does not extinguish a parent’s legal entitlement to their child. Nevertheless, the duration and nature of the incarceration can impact custody arrangements. It’s essential to distinguish between legal and physical custody. Legal custody refers to the authoritt ot make major decisions regarding the child’s upbringing, whereas physical custody pertains to where the child lives.
Although incarceration may restrict a parent’s capacity for physical custody, it does not necessarily preclude legal custody or visitation. Family courts may permit incarcerated parents to retain decision-making authority and grant supervised visitation, depending on the specific circumstances of the case. The length of incarceration is a critical factor in the court’s approach to custody matters. Temporary custody adjustments may occur with short-term imprisonment, while long-term or life sentences could lead to more definitive rulings, such as the transfer of full custody.
How Do I Re-Establish Custody Following My Release in NY?
To increase the likelihood of regaining custody after your release, it’s crucial to maintain regular communication with your child, even if physical visits are restricted. This can be done through letters, phone calls, or video conferencing. Consistent contact demonstrates your commitment to staying connected with your child despite your current situation and can significantly help in safeguarding your parental rights.
Regaining custody after your parental rights have been terminated or suspended is a complex legal process that demands demonstrating rehabilitation and a renewed commitment to your child’s well-being. The initial and most crucial step involves formally petitioning the court to reinstate your parental rights. This requires filing a motion for custody modification, which must be predicated on a substantial change in your personal circumstances since the original custody order was issued.
At The Law Office of Eyal Talassazan, P.C., we are prepared to help you gather evidence of your rehabilitation and guide you through every step of the legal proceedings. Connect with our firm today to learn how we can fight for you.
