Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
If both parents are arrested on felony charges at the same time, can they lose custody of their children? USA?
If, in the state of Washington, both parents are arrested on--say hypothetically--interstate trafficing charges, would the state revoke parental rights, and make the children wards of the court? What about relatives? Do you know of any cases where the relatives were unfit to raise the children? Then what?
8 Answers
- 2 decades agoFavorite Answer
I believe the minimum penalty for a felony charge is 1 year in prison...........so if both parents are charged and sentenced with the minimum, there would be no way they could care for a child in prison. I don't know if they would be revoked from there parental rights forever, but the state would be inclined to find new parents...........via relatives, etc........while the biological parents serve time. And after prison time, the parents would have to prove to the state that they would be capable to create a safe environment for the child in order to regain any custody.
- 2 decades ago
if they were both convicted on it or say one parent was an the police or DCFS thought that something was going on or the other parent was unfit..then yes then would since the child would have no where else to go since they can not be left home alone...if the charges were not too serious such as just trafficing...then there is a possibliity that the child could stay with grandparets or an aunt..but if they were serious such as sexually abuse or drug charges then yes your children would be taken to shekter an then within 48 hrs they would apprear in front of judge where they would be made an ward of the state an placed in to foster care..i came from a bad family an the police came an took me out of my house...my relatives were unfit an wouldnt take me ... so i was told i was going to become a ward within the 48 hrs..but then my brother who is here overseas with the army got custody of me an i was then flown to overseas to libve here on base with him where i currenly am
- kelly24592Lv 52 decades ago
I don't think being arrested is grounds for losing custody. I don't think being charged with the crime would be, either. I think the kids would go to the next of kin or into state foster care.
Maybe for a conviction, custody would be in question, but just being arrested or charged may not be enough to revoke parental custody.
- Goose&TonicLv 62 decades ago
Hopefully the kids will automatically be transferred to a family member, or lacking a fit one, to the state. If both parents are charged with a federal felony (interstate makes it federal) then the state better damn well snag those children.
- How do you think about the answers? You can sign in to vote the answer.
- working mom of 3Lv 42 decades ago
Well, if both parents are arrested, of course the kids would be taken. Dept. of Child Services always trys to place with relatives, if possible. Termination would and could occur if the parent(s) were CONVICTED and SENTENCED to enough years that terminating would be in the best interest of the children.
- 2 decades ago
I believe custody will usually go to the next family member that shows responsibility and actually wants custody.
- Anonymous2 decades ago
Well they certainly should.