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Recidivism and Paternal Engagement

Many scholars have written about the law’s responsibility to facilitate visitation between incarcerated mothers and their children, but few legal scholars have focused on the importance of parental ties between incarcerated fathers and children. The social science literature suggests that children who share close relationships with their nonresident fathers are less likely to engage in delinquent acts and other anti-social behavior. The literature also suggests that incarcerated fathers who share close relationships with their children are less likely to return to criminal activity after their release. Relying on this literature, this Essay argues that society has an interest in facilitating nurturing relationships between incarcerated fathers and their children and suggests ways the law can help incarcerated fathers become effective and nurturing parents.