this individaul is a convicted felon (deceptive business practices/check fraud/identity theft) and is currently being held on a variety of charges including parole violation and deceptive business practices (non-violent behavior) does he stil reatin his parental or custodial rights while incarcerated.
2006-08-30 14:28:19 · 9 answers · asked by greenacres_40 1 in Politics & Government ➔ Law & Ethics
My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation.
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2006-08-31 12:59:41 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It depends on the state, and you should always get legal advice from an attorney licensed in your state.
I have a small problem with your question, because "custodial rights" is a term of art. Custody in many states defines the rights of a person to make decisions for the child. Thus, even a parent who has no visitation or placement can (it would be unusual) have custodial rights.
The easy answer is yes ... but he is in a difficult position to enforce the rights. He can petition the court for visitation, but the other parent will no doubt argue that such visitation would be traumatic and not in the best interest of the child. However, it is likely that the court will try to maintain some contact (regularly scheduled telephone visitations for prisoners is a very common order).
Further, even after conviction, when the parent is out, his rights will probably be expanded.
2006-08-30 21:40:18 · answer #2 · answered by robert_dod 6 · 0⤊ 0⤋
Yes, unless the courts would deem it in the best interest of the child not to have contact with the noncustodial parent (rare). If he were a dangerous individual the court CAN terminate his rights against his will--but given the fact that these are deceptive business practices, it doesn't sound like he is dangerous. I know you'd prefer your child not to have contact, but if the father wants to be a part of his child's life.........he does have rights (and so does the child) If, on the other hand he has no interest in visitation and would voluntarily term his parental rights, most courts will agree IF you're remarried and the step father desires to adopt.
2006-08-30 22:00:04 · answer #3 · answered by Cherie 6 · 0⤊ 0⤋
Yes, and panther girl is wrong when she says the courts can terminate them; they cannot. Only the natural parents can dissolve their parental rights to their children, and no one can force them to do it.
2006-08-30 21:43:31 · answer #4 · answered by Rebecca 7 · 0⤊ 0⤋
Unfortunately yes. You need to go to court to get them terminated.
2006-08-30 21:32:21 · answer #5 · answered by Pantherempress 7 · 0⤊ 0⤋
Yes he does, except he has no custodial rights. For some crimes, his rights can be terminated!
2006-08-30 21:35:38 · answer #6 · answered by cantcu 7 · 0⤊ 0⤋
IM NOT POSITVE BUT I BELIEVE IF THE PARENT HE/SHE WAS ACNKOWLEGED ON A CHILDS BIRTH CERTIFICATE BUT NOT ORDERED BY A JUDGE TO HAVE THIER RIGHTS REMOVED WILL HAVE RIGHTS.
2006-08-30 21:45:17 · answer #7 · answered by Crystal A 1 · 0⤊ 0⤋
That is up to the court
2006-09-03 21:07:13 · answer #8 · answered by nbr660 6 · 0⤊ 0⤋
nope
2006-08-30 21:50:04 · answer #9 · answered by sissy 3 · 0⤊ 0⤋