mom goes to prison does she lose her parental rights?

Question

we"ve been to court twice already im tired of playing around she"s been in jail for the past year I want a divorce and custody of the kids,she a drug user and has been in and out of trouble for forgery you name it

by the way im the step mom

by the way im the step mom, the state has stepped in twice, she has another child that lives with grandma,from another man,she was caught with needles in the truck with the children,has 3 probation violations and felonys!!!!

by the way im the step mom, the state has stepped in twice, she has another child that lives with grandma,from another man,she was caught with needles in the truck with the children,has 3 probation violations and felonys!!!! This is in UTAH

and we've had the kids for almost 2 years we have temporary custody,we tried to have her sign for joint custody she wont she thinks they belong with her no matter what,or who has hurt abused or anything the kids.Ive never met anyone that could do so much harm to her kids and still think she is a good mom

She's in prison not jail!Doesn't that change things

The kids dad and I are getting married, he has temporary custody,How do you find out what your state laws are?She has 3 violations,its now revolked she's been on probation since 04 now prison,no way the courts would even look at her for custody would they? There father has not been in trouble since2000,The children are 8-6

Answer 1

In most jurisdictions yes...at least while she is in custody.

Answer 2

It is regulated by the state statues. In Tennessee prisoner at won't lose his parental rights at the request of his child's father because the father does not have the right to make such a request, the state Supreme Court ruled.
State law says that a prisoner's parental rights can be terminated if he is incarcerated for at least 10 years and his child is under age 8 when the sentence is imposed. But another parent of the child does not have legal standing to ask the court to sever those rights, the court ruled.
But she may loose custody of children during the divorce proceeding and fact that she was incarcerated will be in your favor.

Answer 3

Yes and no. Yes she loses her parental right cause she can't really fight for custody for herself cause she in jail but no she doesn't lose Them if you file for custody They will bring her to court cause she is the mother and she can fight against you so you can't get full custody. Sorry if That's not what you was hoping to hear,but The only reason i know is cause my sister went through that with the father of her kids and he made it hard for her but she did get full custody after about the 5th or 6th time that she put in the custody papers. But hopefully you will have better luck with the courts where you live. GOOD LUCK!!!!!!!!!! By the way i forgot even if you get full custody of the children she will still have parental right, you have to sign them away in court and most people don't know that it's not part of getting full custody and that it's a different petition that you have to get and she has to sign it freely in front of a judge. Cause custody and parental rights are two different things.

Answer 4

As a step parent you have very little legal grounds to fight from. While it is a good thing that you want to protect the children from her most states don't have any provisions for step-parental rights. While she will loose custody while she's in jail as soon as she gets out she can refile for custody and will probably get it because she is their biological mother. The best you can hope for is to get custody while she is in jail and make the best use of the time while you have it. Be planning your fight and getting everything in order legally. Wait for her to file to get them back then hit her with everything you got. A friend of mine in Tennessee is attempting to have her ex husbands parental rights terminated because he went over a year without any kind of contact. Some states have laws that allow that. Check your states laws and see what you can do.

Answer 5

While she is in jail she doesn't.But if she corrects her problems when she get out, you may have a problem. I am taking a child abuse course and believe it or not the system tries to leave children with biological parents if they can-safely.If the mother gets help in time, she can still get the child,as long as she show she is trying and doing what the court says.

Answer 6

Most like she is a felon now and you will be awarded full custody,but it has to go though the court system.

Answer 7

My cousin works in a detention center and that i asked her approximately this. mom and dad in detention center nonetheless get visitation with their toddlers, if ordered with the aid of the state. You seem asking approximately grandparents, so i'm somewhat at a loss for words.

Answer 8

She doesn't automatically lose parental rights until they are terminated by the courts.

Answer 9

while shes in jail she should.

Answer 10

I think she shouldn't