Incarcerated Parents - Family Law Issues in Maryland

Custody/Visitation - As of October 1, 2006, Maryland courts are prohibited from awarding custody or visitation to parents limitations who have been found guilty of first or second degree murder of:

• the other parent,
• another child of the parent,
• or any family member residing in the household of either parent.

If the court determines that it is the best interest of your child, the court may order supervised visitation. Senate Bill 76 (2006) (pdf).  See the section on Maryland Supervised Visitation and Monitored Exchange for more information and a directory of office by county.

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• (1) a mental disorder, as defined in § 10-101 of the Health - General Article;
• (2) mental retardation, as defined in § 7-101 of the Health - General Article
• (3) alcohol dependence, as defined in § 8-101 of the Health - General Article; or
• (4) drug dependence, as defined in § 8-101 of the Health - General Article

Incarceration can be considered a “disability” but it is not absolutely certain that it will be. The court must ultimately decide what is in the best interest of your child. The court will look at the length of your sentence and your possibility of parole. The courts consider parental incarceration as an important factor in allowing termination of parental rights because “an incarnated parent cannot provide for long-term care of [the] child.” (In re Adoption/Guardianship No. J970013 128 Md. App 242 (1998))

TPR Hearing - During an involuntary termination of parental rights hearing under §5-519 of the Family Law Article as a parent, you may be entitled to a public defender under the Public Defender Act, Art. 27A Section 4b (5).

An incarcerated parent does not have an absolute right to be physically present during a TPR. The Court will balance and consider all factors when determining whether an incarcerated parent has the right to physically be at the hearing. (In re adoption/guardianship No. 6Z980001 131 Md.App. 187 (2000)).

Child Support and Incarcerated Parent - An incarcerated parent’s child support obligation can be modified as a “temporary material change of circumstances.” The obligation cannot be terminated because a child is entitled to support from his/her parent. Maryland courts do not consider parental incarceration to be “voluntary impoverishment” unless the parent committed crime with intention of becoming impoverished. (Willis v. Jones 340 Md. 480 (1995)).

The modification remains only during the time of incarceration and the obligation can be reinstated upon the parent’s release from prison. (Wheeler v. State 160 Md. App. 363 (2004)).
 

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Source: Maryland State Law Library                                                                       Last date of legal review: 01/18/2008 (PLL/M.A.J.)