New York child custody attorney Ethan Steward (https://www.newyorkfamilylawgroup.com/blog/if-a-parent-goes-to-jail-do-they-lose-custody/) releases a new article explaining parental rights after a criminal conviction. The lawyer mentions that a New York conviction for a crime can lead to severe consequences for both the accused and their families. Apart from the financial and emotional toll, criminal proceedings can have devastating consequences for a person’s reputation and personal relationships.
According to the New York child custody attorney, “Parents who are convicted of a crime in New York face the possibility of losing their parental rights. However, it is important to remember that certain conditions should be met before this happens. A parent cannot lose their parental rights simply because they were incarcerated.”
The lawyer explains that an individual’s parental rights can not be lost just because they are in prison. New York foster agencies are permitted to defer filing a termination petition if a parent is in jail or receiving residential drug treatment. Foster agencies are required to notify parents about the options available to them, as well as their rights as well as their responsibilities.
Attorney Ethan Steward also adds that an attorney can also help a parent modify an order of protection if they are issued one against themselves. A defense attorney might be able to modify it to provide limited protection, or to make the modifications subject to approval by the family court. The person may also have the option to either file for visitation rights at family court on their own or hire an attorney to help them with a petition.
It is important to not leave the matter of parental rights to chance. It is important to seek the advice of an experienced attorney to help a parent understand their rights and to ensure that their right to parent remains intact.
In the article, attorney Steward says, “Being on bad terms with your co-parent can give them further reason to file a petition for sole custody. While it is understandable to have some disagreements, it is important to remember that you should always put your child’s best interests first and compromise especially when their well-being is at stake.”
Furthermore, if a child stays at home with a relative, a parent, or another trustworthy adult, then it would not count as staying in foster care. Therefore, the requirement to stay at least 15 months in foster care before being eligible for a petition to terminate parental rights will not be met.
Lastly, the lawyer emphasizes the importance of having a skilled attorney when dealing with matters such as guardianship. A skilled lawyer may be able to help the parents understand their roles and responsibilities in the divorce and help them come to a favorable agreement.
About New York Family Law Group
New York Family Law Group is founded by attorneys Martin Mohr and Ethan Steward. Combined, the lawyers have over 30 years of experience in dealing with New York family laws. They aim to give their clients skilled representation and educate them about their rights while navigating the complicated terrains of family law-related matters. Contact them today at 718-293-1542 to schedule a consultation.
Martin Mohr and Ethan Steward, our founders and partners, are passionate family lawyers with more than 30 years of combined experience in New York family law. With the help of our attorneys, you can protect your interests and your family.
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