Editors note: This article is educational and not intended as advice for a specific matter. The laws of each state vary, and readers should seek legal advice from a licensed attorney in the appropriate state.

It is not revelation to prison readers that American Society has declared war on crime. All wars generate collateral damage and, in this case, the damage consists of families of those who bear the burden of the public's wrath with crime. This is particularly true of the most vulnerable and defenseless members of society - the children of imprisoned men. These children, through not fault of their own, are often denied spiritual and emotional nurture by their fathers. Never forget: Incarcerated fathers are parents, too. Fathers are not "social accidents" as many people have been incorrectly taught due to negative male-stereotyping.

As an advocate for fathers' rights for over two decades, I've long understood that positive father involvement is vital because fatherless children pose a high risk for leading lives of poverty, addiction, and crime, as documented in my book Fathers' Rights (Basic Books). Children are the future of our society, and this is no less true of the children of incarcerated men. Imprisoned fathers are responsible for most of the 1.5 million minor children of incarcerated parents. We need to break the cycle of criminality through positive father-child involvement because the most reliable predictor of crime is neither poverty nor race, but growing up fatherless.

Several years ago I represented an incarcerated father I will call Bob. Bob became embroiled in a divorce and visitation dispute that was as bitter as it was high profile. Yet I was able to reunite him with his children and keep him connected to them. This required aggressive and strategic litigation on my part, but it was worth it. I pursued visitation for Bob and did not give up until I had obtained a court order. The court even ordered specific dates and times for phone visitation. Upon release, he was reunited with his family.

Obviously, visitation is more difficult for incarcerated fathers. However it is possible. Often a letter or note from a law office motivates reluctant caregivers to let fathers back into their children's lives so bitter legal battles can be avoided. My goal is never to use the law to manipulate mothers or make their lives miserable, but to maximize responsible father contact for the child. In Bob's case, I had to right hard. It meant going to court many times, initiating discovery, and correctly persuading the court that the best interest of the minor children would be served by consistent paternal contact that could be insured only by court-ordered visitation. Successful litigation kept this father connected with his kids.
A court order is meaningless without something to back it up. In the jurisdiction where I practice, that something can be the contempt power of the court. When a visitation order is violated by mom, then I can file a Petition for Rule to Show Cause against the mother in the civil proceeding requesting that the court find her in contempt for violating the order. If mom is held in contempt of court, she can be sentenced to a period of time in the county jail. In Illinois, we can also recommend an alternative to contempt proceeding, because visitation interference is a crime in my state, which can be prosecuted by the state's attorneys office. This decision is best made on a case-by-case basis.

A critical reason for maintaining visitation, even if only by phone, is to attempt to prevent the possible termination of parental rights. One possible problem for incarcerated fathers is the potential threat of court-ordered termination of parental rights in an adoption. Illinois courts have held that an incarcerated father may lose his parent rights if he has shown little interest in his children. Failure to write, telephone or otherwise communicate or take an interest in his children can constitute grounds for termination of those rights. This sets the stage for adoption of his children. In fact, a recent Illinois legislative initiative gave birth to the Baby Abandonment Law, which allows a biological mother to legally abandon her infant without notice to the father under certain conditions. I believe this law is unconstitutional and ignores the rights of fathers.
If you feel your parental rights may be threatened, familiarize yourself with the laws of your state and, if it becomes necessary, find a family law attorney in your state to protect those rights. More importantly, make sure you educate yourself in the art and craft of parenthood. The law can be hard on incarcerated dads; it's harder on those who don't invest some energy into being a good dad.

I believe many incarcerated men are ready, willing and able to contribute to their children's lives. There is a significant social cost to a narrowly punitive policy, which may not take account of the needs of the children of incarcerated fathers. If we recognize and change this policy, we may achieve a reduction of crime without requiring new taxes by simply promoting positive father-child involvement.
And in a similar vein, incarcerated fathers need to understand and protect their parental legal rights. Incarcerated fathers are parents, too.