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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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Do inmates in prison have parental rights regarding their kids

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Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Can you tell me if the father is on the birth certificate or if these children were born while they were married?

Customer: replied 8 years ago.
father is on birth certificate
Expert:  Attorney & Mediator replied 8 years ago.
Thank you can you tell me if there are any court orders already in place regarding custody or visitation before the father went to prison?

What is it that you would liked accomplished, thanks.

Customer: replied 8 years ago.
no there are no court orders in place. father will be released middle of next year and planned on going to court
Expert:  Attorney & Mediator replied 8 years ago.
Okay, so is the father asking for visitation right now or are you, the relatives wanting visitation, could you please clarify that?

Can you also explain what is the mother's reason for giving custody over to her sister?

Customer: replied 8 years ago.
No father does not know she is giving her sister legal custody of the kids. He has always wanted to see them but the mother of the kids would never allow him to. she is giving them to her sister because she is in the process of leaving there step dad and she claims the step father is abusive and the kids are just too much to handle right now. My question stems from legal papers she sent to my mom notify my Mother that legal gaurdianship is going to her sister and my mom being the grandparent has the right to request custody. She told me that my brother being the father had no rights as long as he is in prison and there for she does not have to notify him of what she is doing. I just want to know does my brother have rights regarding his kids while he is in prison. I know when he gets out next year he plans on going to court to get visitation. I know that if he thought he could have it now he would try for it. but she being the mother of the kids has convinced him he has no rights.
Expert:  Attorney & Mediator replied 8 years ago.
Thank youCustomerfor your question.

The father does have legal rights to be notified of any legal process that is taking place with his children. Just because he is in prison does not mean he looses his rights to notification of any legal process. So the mother should have provided notice to your brother. The only time he would not be entitled to any rights would be if a court had terminated his parental rights. Since that has not happend, the father has a right to notificate of the legal process. The father may have grounds to object to the guardianship petition from going through if he files his objections on the grounds of lack of service of process.

Unfortunately I do not see the objection form for your county. So someone needs to ask the court clerk if they have such forms and if not, he may need an attorney to draft these objections. The form should read something similar to this one here.

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