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Losing More Than Custody: the ASFA Can Mean Losing Your Children Permanently

Posted by Joseph D. Lento | Jan 02, 2023 | 0 Comments

In 1997 President Clinton signed into law the Adoption and Safe Families Act. Designed to address what was perceived as chronic problems with the nation's child welfare system, the ASFA required states to establish procedures that would terminate parental rights in cases where children had spent 15 out of 22 months in foster care and would allow the children to be put up for adoption.

The ASFA has had a significant impact on many families where parents are jailed for long periods of time, and in some cases can act as a double penalty beyond incarceration. Parents who have served their time and are now moving forward with productive lives are often unable to have any contact with children who have been adopted as a result of the ASFA, compounding the many difficulties of having a criminal past. Critics have called for a re-evaluation or repeal of the ASFA in light of what they view as its uneven impact across racial and class lines.

A Conviction Can Mean More Than a Jail Sentence

If you have children and have been charged with a crime in Pennsylvania that could result in a jail sentence, you need to consider not only the impact this could have on your own life but also on the lives of your children as well. If you are not able to care for your kids because you're in prison and no suitable relative can step in, your children will end up in foster care. And if over a 22-month period, they spend 15 months in foster care, you stand a real risk of losing custody permanently. Your children may then be put up for adoption, and you may lose contact with them completely.

You Need a Strong Defense

This is why you need to mount a strong defense against any criminal charge, particularly where a conviction carries the risk of jail time. Our Criminal Law Team has years of experience representing clients charged with serious crimes in Pennsylvania and other states. We know how to defend your rights and make sure you receive strong and effective representation, and in cases where our clients have children, we can help increase the chances that permanent custody will remain with the original parent.

Expungement May be a Possibility

If you have convictions in your past that are threatening to disrupt your ability to get a good job, secure safe housing, or retain custody of your children, you should contact our Criminal Law Team to ask about the possibility of having one or more of the convictions expunged. While not every conviction is eligible for expungement, for those that are, it can be a tremendous relief and genuine help to be able to move through life with a clean record.

Contact Our Criminal Law Team and the LLF Law Firm

The ASFA's severe consequences – losing custody of your children permanently and having them endure being adopted – means you need strong, effective, and knowledgeable representation if you have been charged with a crime. Our Criminal Law Team and the LLF Law Firm have the experience you need to make sure your rights are protected. And if you are curious about how to go about expunging an old conviction from your record, our Criminal Law Team has been helping clients through that process for years. Contact our Criminal Law Team and the LLF Law Firm today at 888.535.3686 or online to learn about how we can help.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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