Child’s father is in prison for a violent felony offence including use of a weapon, and a habitual offender. We have shared legal custody only. Because of the charges how easy would it be to terminate rights?
Depends on your state. Some states you can’t terminate or sign off rights unless someone adopts child.
Talk to a lawyer. Not facebook. Every state, and even county, is different.
That’s really something you need to consult a family lawyer for as every state is different.
I know In WV there has to be someone else that is willing to adopt the child unless you can prove abandonment and sometimes will will terminate them.
My ex has no visitation rights but you can’t terminate the other parents rights in mo unless they are a danger to the child and you can prove it in court
Most states require someone to adopt the child before rights can be terminated. You should really consult a family attorney on this one as it does vary from state to state.
Talk to a lawyer. Pretty sure visitation would change…but to terminate his rights as a father, I dont think your able to.
Not easily. Have u asked him if he’d be willing to give up rights? That’s the easiest way
Ask a judge in your area
Every state and county is different…I dont think being a felon is enough to strip away parental rights, esp if you have joint custody.
Every state, county is different. Talk to a lawyer and not Facebook. I know you want the advice but there just some things where you should just go straight to legal help.
Go to a lawyer every case is differant.
I wpuldnt be posting or asking anyone just keep shit to yourself go in be an adult and get it done.
Move on with your life.
You might be able to go to court and have his visitation/contact legally stopped until HE takes you back to court to reinstate after his release
Lawyer only can tell you
All u have to is file for full custody and explain to the judge he is jail/prison and why you want full custody and they will pull his right
You really need to start posting the state these people live in. I can’t give proper help if I don’t know you state laws.
Depends on the state and the sentence length.
Does he love his children? Would he ever hurt them? Make sure to ask yourself these questions. Maybe supervised visits would be better than cutting him out.
Talk to lawyer shouldn’t be to hard
There are no guarantees. You’ll have to petition the court and see what happens. Sadly this system seems to favor the rights of criminals over law abiding citizens.
In Texas you cannot terminate rights unless he agrees no matter what the circumstance unless the judge orders it. My daughters dad was in prison for murder and just because he was in there for that didnt mean he was stripped of his rights that pertain to his child.
I don’t understand why though… if he is in prison amd will be for a long time… why bother?? He obviously isn’t getting the kids from in there…
Contact a lawyer, not Facebook.
Habitual offender… I’m wondering how old is your kid.
Nope. It’s hard as fuck. Good luck.
DoEs He LOvE HiS CHiLd?
If he did maybe he would think before he acts.
Talk to a lawyer most will not charge you for a consult.
Courts will probably make it SUPERVISED VISITS !!
Depends on the state. He probably won’t be able to sign away his rights unless there’s someone else there to adopt the child, but he can lose any say in the child’s life. As in he will have to pay child support and you would get full custody. But truly depends on his will to fight it and his track record and the judge.
I would start with a lawyer. I would also get an emergency no contact order. Having the no contact will make it easier to build your case.
Talk to a lawyer some states wont terminate the rights of a parent in jail/prison if the crime was not done to the child
You can easily go and get full physical and legal custody.
However actually terminating rights…Depends on your state.
If rights are terminated then he will mo longer be obligated to pay child support. This is often a HUGE determining factor for states, to a point that in some the only ways to terminate a parents rights are
- Child being in the system for too long; so the child could be adopted.
- Parent willing to sign rights away AND for a stepparent being willing to adopt.
Contact a lawyer right away!!!
Be careful he is still the father and can get free attorney to get visitation. And you may have to take child to visit him at jail… .l would ride it out a while and see if he tried to contact me about child.
My grandson got adopted, it took a little time . His mother or father wasn’t in the picture
Terminating his rights does not mean he can’t see said child. In her home or some sort. It just makes sure her child is safe. I would love for my ex to terminate his rights. I’d drop child support in a second if he would legally. But I would not cut him from her life. I mean if he would like to talk to her or see her when I am in his state absolutely. Terminating his rights means he can’t take me to court for stupid stuff and cause more chaos in life than there already is.
Ask a lawyer… I would think a judge might temporarily terminate legal custody seeing as how it would be hard if not impossible to get the incarcerated parents say on major decisions while locked up.
If you think he is,abusive or not treating them the way he should then I think so. If not no. Talk to a lawyer
Contact an attorney. File for sole custody at least.
Why would anyone EVER ask a question like this on a public forum? Contact an attorney. That’s what people “pay” attorneys for. No attorney is gonna be on here and give “free” advice. Good Lord lady!!!
I know several people in Texas that have done it very easily
I know I’m the state of Pa you can not have parental rights terminated unless you are married and your husband is willing to adopt and take financial responsibilities for the child. I looked into it myself and that is what I was told by my lawyer and domestic relations.
I agree Beverley Deyon🤷♀️
In my opinion leave it alone…
Why are you putting this on this site. My husband is a blessing?
What state do you live in
Yes. I write the courts a long and lengthy letter when you fill out the paperwork at the courthouse. Explain why, explain how young children need positive role models in their lives to help lead and direct them down the right path. That life is already challenging growing up in this world and by not protecting your child this could lead them down same path as the father in the future as a career criminal.
It’s doable because I’ve done it without an attorney.
When the judge read my personalized letter he wrote a lengthy letter back thanking me for putting my son above all else and it showed in my writing. I was granted full everything.
Um, sure. If you want to take away any chance of him ever reforming and being a good dad when he finally gets out… Go ahead. If he’s never been abusive or indifferent to your child- why take his rights?
Contact an attorney… and do what’s best for your child not for you… if he was a good father before he got into trouble then there’s no reason to believe he won’t be a good father when he gets out.
I understand many peoples frustration with this question being asked on this page, but really people do you have to be rude and belittle a person for asking a question? Also obviously she is a single mother so maybe she cannot afford an attorney. Geesh people. In child custody look up your state and towns child custody statutes/guidelines also most lawyers will do a free consultation to give you an idea of what your up against and what it will cost to achieve your goals in court.
I thought this was a husband is a blessing page not my husbands a loser page
I don’t believe u can terminate rights because they are in prison
Court immediately and find out
I believe that he has to physically abandon them hImself while out
Depending on the state h live in anyway
Unfortunately if he wants his rights its next to impossible to have them revoked. Definitely talk to a lawyer.
i assume it wouldn’t be too hard considering the circumstances, especially if you think he could end up being a danger to you and your child in the future.
Tackle one bridge at a time go file for full/sole custody
It’s abandonment if he’s gone a year with no contact and no support so not hard depending on the time frame
I’m gonna also recommend talking to a lawyer, or cps worker even. From my lack of experience in that situation I’m guessing with father’s rights he’d get at least supervised visitation, but that’s a guess.
It depends on the state but I had a similar situation and it took a bit (3 court appearances) but I was awarded and able to change my child’s name on the birth certificate to protect her
Ask a lawyer. Some do free consultations and others charge like $50 for an hour. Or file for it anyways and see what a judge says.
Different laws different states. Ask an attorney. Usually consults are free.
I would talk to a lawyer in our state you have to have a parent awaiting to adopt can’t just terminate mine is in jail also hasn’t seen her in 3 years in the same town when I get married in June I will start the process to terminate
My son’s bio father molested a 7 year old child, and was charged for it, and I still couldn’t get his rights terminated. It’s sad that the state cares more about the rights of an adult, than the safety of a child.
You could go for sole custody and possibly supervised visitation…but if he wants his rights…not much you can do to terminate them
Even sexual predators still get rights to their own kids so his violent acts against someone else probably won’t matter as long as he isn’t a immediate threat to the child. Now if you got money and wanna battle the courts to the next god knows how long then ya you might win. But tbh charges shouldn’t go against a man seeing his kids unless their is threat to the child by the adult or the environment.