Incarcerated parents may have limited child custody rights while in prison.
In 2006, the Women's Prison Association noted that the number of incarcerated women in the United States had grown nearly nine-fold in the prior 30 years. Of those women prisoners, about 80 percent were mothers of children. Both women and men may have questions about what will happen to their children during their incarceration and after their release from prison. Prisoners should educate themselves about their options for parental rights and may wish to consult a Mississippi child custody lawyer or legal aid organization for assistance.
Mississippi Child Custody Laws
There are two types of child custody in Mississippi: physical custody and legal custody. According to the Mississippi Bar Association, the state court making child custody orders must consider the child's best interest above all else. The court can evaluate a number of factors, such as a parent's lengthy absences from home or a parent's immoral conduct. A parent who is in prison may be absent from the child's life for a certain period of time. The court might also consider whether the parent's criminal activity constitutes immoral conduct. The court can use its authority to decide that the child's best interest precludes custody for the incarcerated parent. However, every family has different circumstances.
Women and Prison Nursery Programs
Some states have implemented programs where women prisoners who are pregnant can give birth and keep their babies with them in special prison units for a limited period of time. However, according to a Women's Prison Association report in 2009, Mississippi is not listed among the states that have established or plan to open prison nurseries. It is therefore unlikely that Mississippi mothers will be able to keep physical custody of their children while in prison.
Kinship Care and Guardianship
The Mississippi Department of Human Services (DHS) emphasizes placing children with other relatives, whenever possible, if they cannot live with their parents. Adhering to the federal Adoption and Safe Families Act, Mississippi can automatically terminate a parent's rights if the child has lived with others for 15 out of 22 months. However, DHS can choose to refrain from terminating the parent-child relationship if DHS has already placed the child with a relative through kinship care. A parent who will be serving time in prison may want to consider a temporary placement or guardianship for her child with a family member---the prisoner may have to relinquish legal custody rights in order to set up a guardianship, but might be able to regain custody rights after her release if it would be in the child's best interest.
Termination of Parental Rights
Under Mississippi law, the state can terminate parental rights under a number of grounds. The Mississippi Bar Association warns that "extreme antipathy" of the child toward the parent or a lack of parent-child relationship due to "prolonged absence or imprisonment" can serve as grounds to terminate. Further, if the parent has a conviction for a violent crime such as sexual assault against children or murder, the state may choose to terminate the parent's rights.
Tags: best interest, child best, child best interest, custody rights, Women Prison, child custody, child custody
