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Jailed Inmates Have Parental Rights Too

By Janice G. Inman
February 27, 2008

When a man is in jail, it may be very difficult for him to keep in meaningful contact with his child unless he has the aid of concerned family members or friends. Apart from the emotional problems that may ensue for all parties if visits and phone calls are nonexistent or sporadic, the issue of meaningful contact becomes even more urgent when someone ' the child's mother, another relative or a social services agency ' wants the child freed for adoption.

The situation might seem dire for the inmate who wants to maintain a parental relationship with a child, especially if that child will be an adult if (and when) the incarcerated parent is released from prison. Intuitively, most of us might think that a child whose parent is in prison for an extended period ' particularly if he or she has been convicted of a heinous crime ' might be better off 'moving on' and getting into a stable family situation. The law, however, is not necessarily in line with our gut reactions, as illustrated by a recent case out of New York's Appellate Division, First Department.

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