Can Someone On Parole Regain Custody?

There are multiple circumstances and instances that can, unfortunately, wind up with a parent on parole for one reason or another and at the Love Court, we have seen almost everything. There are a lot of questions that will overtake that person’s thoughts immediately after, such as how they will be able to keep or find a job, how they will be able to make it to hearings or court-ordered community service, or if they’ll even be able to keep custody of their children.

Unfortunately, custody for parolees can be a very real and sensitive issue. Recently this question about parole and child custody came into the Love Court that was discussing this exact issue:

“Approximately 1 year ago I got out of jail after a 2-year sentence. I signed over temporary custody of my daughter to my sister-in-law and am now ready to regain custody.  If I am on parole due to a charge related to my daughter, does my parole affect me getting custody?

There was no physical harm done to my child. I was intoxicated while she was in my care. I have since been sober and received the help I need to stay sober.  I have been sober for over 3 years now without being monitored. Please don’t judge me for the awful mistakes I have made.”

So after being found intoxicated while in charge of their child, this individual gave temporary custody to their sister-in-law. The question now is whether or not she can regain custody, particularly if her sister-in-law does not relinquish custody without taking everything in front of a judge.

Now in this instance, there is every chance that the individual’s sister-in-law will pass back custody, but if it goes to court? Then that is where there might be some issues. Ultimately, the court is going to do whatever is in the best interests of the child. If the parent on parole is deemed fit then there is little reason not to return custody to them.

First of all, nothing about being on parole directly affects custodial rights. There could be some confusion, particularly if the other parent is contesting the custody decision or does not feel the parent seeking custody is actually safe to be around, in which case what caused the parole issue will be taken into consideration. But simply being on parole won’t be enough for the court to deny custodial rights.

Parents on parole who are seeking to gain, or regain, custody of their children should focus on the steps necessary to do so. Since a majority of individuals who are on parole have or are struggling with substance abuse or other personal issues, they should seek out necessary help and treatment, focus on getting physically and mentally healthy, and be able to prove that they are getting their life in order. Every case is different, but focusing on proving a healthy, stable lifestyle should be the number one goal of any parent trying to regain custody.

Regaining custody of a child is never really an easy task. It can be difficult to overcome public perception and even to get to a point where you are healthy and in a stable enough place to regain custody, which should be the focal point before even trying to get custody back.

Anderson Keuscher PLLC is a renowned law firm in Reno focused on divorce law, property division, and other family practice areas. We understand that going through a divorce or a family dispute can be complicated and overwhelming. Our competent lawyers handle every case in a considerate and thoughtful manner. We help our clients navigate legal obstacles and go above and beyond to protect their legal rights and financial interests.

If you’re going through a family dispute and looking for a reliable family attorney to look after your best interests, get in touch with Anderson Keuscher PLLC.