Do Parents Lose Their Rights If They’re Sent to Prison? Here’s What Michigan Law Says

Welcome back. We’ve been digging into a complicated topic: What happens to the parental rights of Michigan moms and dads who are serving time behind bars? There’s a big difference between being unable to see your kids for a while, and actually losing the legal right to parent them. If you caught our last post, you know about the precedent-setting Mason case, where one Michigan father fought CPS all the way to the state Supreme Court—and won.

So what does the law actually say? What are your rights if you’re a parent in prison in Michigan?

The Michigan Supreme Court: Incarceration Alone Is Not Enough

The Mason case (In re Mason, 486 Mich 142 [2010]) is one every Michigan parent should know. Richard Mason’s parental rights were terminated simply because he was incarcerated. He wasn’t allowed to participate in court hearings about his children’s placement, and his kids were taken away.

The Michigan Supreme Court, in an opinion by Justice Maura Corrigan, made it clear: CPS and the court cannot terminate your parental rights just because you’re in jail or prison. The law requires a real evaluation of your family’s situation—placement with relatives must be considered, and the court has to look at whether you could parent in the future, not just your current status.

Here’s the bottom line: Incarceration alone is not a valid reason for termination of parental rights.

What Rights Do Incarcerated Parents Have in Michigan?

If you’re in jail or prison, you will miss out on a lot. But unless there are specific court orders limiting your rights, you do not automatically lose your status as a parent.

• Your children can still visit you in prison.
• You can write to them, call them, and receive photos and letters.
• You have the right to get school records and keep in touch with their lives.
• You can look forward to reunification if and when you’re released, unless a court finds actual evidence of abuse, neglect, or other legal grounds for termination.

CPS Must Prove a Valid Reason to Terminate Your Parental Rights

CPS in Michigan can only ask a court to terminate your parental rights for legally recognized reasons, such as proven abuse, neglect, or abandonment. Just being behind bars is not enough. The law is on your side—even if a CPS worker makes it sound otherwise.

As the Supreme Court said:

“Incarceration alone is not a sufficient reason for termination of parental rights.”

Don’t Let CPS Overstep—Fight for Your Rights

CPS workers may sometimes overreach. They may act as if they, not a judge, get to decide your child’s future. In reality, judges make these decisions, and you have rights—constitutional rights to parent your child, even while incarcerated. But those rights won’t always be protected unless you have a skilled, assertive attorney standing up for you.

Call Us If CPS Is Threatening Your Parental Rights

If you’re facing child abuse or neglect allegations, or if the state is threatening to terminate your parental rights while you’re in jail or prison, don’t wait. Call The Kronzek Firm at 866-766-5245. Our experienced CPS defense attorneys know Michigan law inside and out. We’re here 24/7, ready to help you fight for your children and protect your family’s future.

We’ve been defending Michigan parents for decades. Let us help you, too.