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dc.creatorKatz, Sarah
dc.date.accessioned2021-04-22T20:51:17Z
dc.date.available2021-04-22T20:51:17Z
dc.date.issued2019-01
dc.identifier.citationSarah Katz, Parental Criminal Convictions and the Best Interest of the Child, 90 PA. BAR J. 27 (Jan. 2019).
dc.identifier.urihttp://hdl.handle.net/20.500.12613/6312
dc.description.abstractAlthough the impact of mass incarceration on families is universally recognized, less analyzed is what, if any, the family law response should be. In particular, once the parent is no longer incarcerated, what weight should a parent's criminal conviction be given in making determinations about the children of that parent? In Pennsylvania, where the author directs a family law clinic, the custody statute is hyper-criminalized. Since 1990, the Pennsylvania custody statute has had a rebuttable presumption of threat of harm attached to certain criminal convictions which were listed in the custody statute, but there were only 11 crimes enumerated in the statute. In 2010, Pennsylvania amended its custody statute to expand the list of crimes which create a rebuttable presumption of threat of harm to a child. If a party or household member of a party has been convicted of one of the crimes enumerated in the custody statute, that party may not be granted custody until a court has made an explicit finding that the party does not present a threat of harm to the child(ren). The central question this article seeks to address is as follows: are there good family law reasons for a presumption regarding criminal convictions in custody matters? By considering social science literature and legal sources, the article will evaluate the value of giving weighted consideration to certain crimes in determining the best interest of children. This article will also make recommendations regarding the weight that should be given to criminal convictions in making best interest custody decisions.
dc.format.extent12 pages
dc.languageEnglish
dc.language.isoeng
dc.relation.ispartofFaculty/ Researcher Works
dc.relation.haspartPennsylvania Bar Association Quarterly, Vol. 90
dc.relation.isreferencedbyPennsylvania Bar Association
dc.rightsAll Rights Reserved
dc.subjectFamily law
dc.subjectCustody
dc.subjectMass incarceration
dc.subjectCollateral consequences of incarceration
dc.titleParental Criminal Convictions and the Best Interest of the Child
dc.typeText
dc.type.genreJournal article
dc.relation.doihttp://dx.doi.org/10.34944/dspace/6294
dc.ada.noteFor Americans with Disabilities Act (ADA) accommodation, including help with reading this content, please contact scholarshare@temple.edu
dc.description.schoolcollegeTemple University. James E. Beasley School of Law
dc.temple.creatorKatz, Sarah
refterms.dateFOA2021-04-22T20:51:17Z


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