The Family Court will consider a parent’s misconduct, including his or her incarceration — for what reason and for how long – if the other parent or the State seeks to end the jailed or imprisoned parent’s parental rights. The mere fact that a person is in prison, in and of itself, does not mandate loss of parental rights, which are protected by federal and state constitutional law.  However, depending upon the type of conviction, the length of sentence, and the type and location of the facility, it may be difficult to impossible for the inmate parent to maintain a parental relationship with a child or children.  Jails and prisons must provide for family engagement when safety and security allow it.  Yet in some cases, it is either not possible or undesirable for those contacts to persist.

Both the U.S. and New Jersey Constitutions protect parents’ rights to maintain relationships with their children, but the Family Court could end an inmate’s parental rights if it is necessary to protect the best interests of a child or children.

In a case where one parent is unfit and incarcerated, and the other parent is available and fit to continue to raise the children without State intervention, then the other parent shall be denominated the sole legal and custodial parent, meaning s/he will make all major and minor decisions in the children’s lives during their minority years (before age 18).

Where neither parent is deemed fit to raise the under-age children, and those conditions are considered permanent and irremediable, the State of New Jersey has the authority and obligation to seek termination of parental rights and permanent placement of the minor children with relatives or in foster.  Ultimately, under longstanding federal and state law, the goal is to reunify the family or terminate parental rights, followed by adoption.  The strong preference in the law is for a stable family relationship to be created for the minor children, so they may grow into mature, healthy, and well-adjusted adults.

N.J.S.A. 30:4C-15.1 Termination of parental rights, standards.

According to New Jersey Law, the Division of Child Protection and Placement (“the Division”) shall initiate a petition to terminate parental rights on the grounds of the “best interests of the child” if the following standards are met:

1. The child’s safety, health or development has been or will continue to be endangered by the parental relationship;
2. The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm. Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child;
3. The Division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child’s placement outside the home and the court has considered alternatives to termination of parental rights; and
4. Termination of parental rights will not do more harm than good.

Although incarceration is a factor when a court decides termination of parental rights cases, incarceration alone, without specific evidence of how that incarceration impacts each of these four “best interest” prongs, is not enough to terminate an inmate’s parental rights.

The State needs to take reasonable efforts to provide services to help the parent correct the circumstances that led to the child s placement outside the home (#3 above). This could be satisfied when the State provides services to, and seeks reunification with, the parent or parents from whom the child was removed. Absent an order under N.J.S.A. 30:4C-11.3, the State may be required to provide services to an incarcerated parent.

Under this statute, circumstances where services need not be provided include:

• The parent subjected the child to aggravated circumstances of abuse, neglect, cruelty, or abandonment;

• The parent has been convicted of murder, aggravated manslaughter, or manslaughter of another child of the parent; aiding or abetting, attempting, conspiring, or soliciting to commit murder, aggravated manslaughter or manslaughter of the child or another child of the parent; committing or attempting to commit an assault that resulted, or could have resulted, in significant bodily injury to the child or another child of the parent; or committing a similarly serious criminal act which resulted, or could have resulted, in the death of or significant bodily injury to the child or another child of the parent; or

• The rights of the parent to another of the parent’s children have been involuntarily terminated.

Taking away parental rights often isn’t a clear-cut decision. There are many considerations and moving parts to such a legal process, one of which is consideration of the criminal record of the parent.

If your parental rights are in limbo, threatened, or already under court review, or you seek the termination of parental rights of the other parent for good cause, then you should call the Family Law specialists at Kingston Law Group.  We will listen to your facts, explain the law, and suggest reasonable approaches and outcomes that are just right for you.

We are compassionate counsel who understand what our clients and their families are going through, as well as tough advocates when toughness is required.  Call us at 609-683-7400, or contact us online, to schedule a near-term initial consultation at a reduced rate.  We are conveniently located in Central Jersey’s Kingston community. Call today.  You will be glad you did.