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Introduction

If you are a parent in prison or jail, you probably have many questions and concerns about your children and about your legal rights as a parent. Your children may be with relatives or they may be in foster care or a group home. If your children are in foster care, you may have questions about your legal rights and the Juvenile Court proceedings involving your children. If your children are with a divorced spouse or if a legal guardianship has been established, you may have questions about how to reunify with your children once you are released from prison.

This booklet is designed to answer many of the legal and practical questions that incarcerated parents have about custody of their children, both during and after the time they are in prison or jail. It is not intended to replace your lawyer. If you have a lawyer, use her/him: Ask questions, give information, and tell her/him what you want for your family.

The booklet is based on California law as of June 2000. Laws are different in other states, but many of the suggestions may be useful. Be sure to check the relevant legal codes to make sure that the information and forms are up to date.

A note about formatting: Any time you see an underlined word or phrase, you can click it to view its legal definition. Definitions of all legal words and phrases in this manual appear in the Definitions section.