Historically, the family has been seen as a sacred institution worthy of protection. But in the past few decades, our country has made it likelier that families affected by poverty and incarceration will be ripped apart, sometimes forever. The majority of incarcerated people are parents, and for all parents entangled with this system, their connection with (and custody of) their children can be permanently impacted by a criminal case, no matter how minor their alleged misconduct. While many parents get public defenders for their criminal court matters, what most of them do not get is a family attorney whose expertise can give them the best chance of keeping their family united during turbulent times. This means that parents who are not accused of any child-related misconduct are still losing access to their kids, and have no right to a lawyer by their side.
Several studies acknowledge that family separation can seriously damage a child’s physical and mental health. Incarceration causes one of the most permanent forms of family separation, and it is imperative that courts do not worsen the separation unless there is a good cause. Instead, we need to focus on ways to promote family unity, and one of the key tools to doing so is ensuring that incarcerated parents have access to an attorney who can give them a fair shot at staying connected with their children.
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