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I am sorry for your son's situation. This is a very subjective issue. Perhaps the following will be helpful:
"Though Wallace may be judged to be unfit, unable or unwilling to care for his children, nothing in the guardianship statute would preclude the court
from allowing visitation by the father, thus maintaining the child-parent relationship that Wallace has with the children, for so long as the trial
court finds that such provisions are in the children's best interests." Cotton v. Wise, 977 SW 2d 263 - Mo: Supreme Court 1998
While there is no way to have him released (that is up to the criminal
court), perhaps you can persuade the family court to allow some kind of visitation still, even with him in prison. He says that he doesn't have law or caselaw stating the definition of a child.
A child is naturally anybody who is under 18.
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