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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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My sons father is a convicted felon who is currently incarcerated

Customer Question

My son's father is a convicted felon who is currently incarcerated and facing deportation.
He has been incarcerated since about a month or more before my son was born.
He was in state prison in Maryland for 3+ years (he was sentenced to 5 yrs).
He was picked up from there when he finally made parole and taken to Virginia, where he was sentenced with another 3 yrs.
He has an immigration hold on him and will more than likely be deported when Virginia releases him.
Does he have any parental rights?
What do i need to do to get sole custody of my son?
Submitted: 6 years ago.
Category: Family Law
Expert:  ANDREA, replied 6 years ago.

Thank you for your question

 

He has parental rights as the biological father. You can file a Petition for Involuntary Termination of Parental Rights and state in the Petition that he is a convicted career felon, that he is facing incarceration in another state after he is released from his current incarceration, that he is facing probable deportation, that he has never made any attempt to play any role in his child's life, that he is a very bad role model and that it would be in the best interests and permanent welfare of the child if his parental rights were terminated.

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ANDREA, JD, LLM

MEMBER, NY & PA BAR

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Customer: replied 6 years ago.

The reason i am seeking sole custody of my son or to take away his father's parental rights is because i want to move my son and myself to Ecuador.

His father has never been in my son's life, he has been incarcerated for ALL of it.

what other option sdo i have?

Expert:  ANDREA, replied 6 years ago.

That is probably your only option because even if you were awarded sole custody, the father's signature would be necessary to get a passport for your son. If you terminate his parental rights, you can take that Order with you when applying for a passport and they will not ask for the father's signature once you show them the Order terminating his parental rights.

 

_______________________________________________________

 

That is the only way I get paid

Positive Feedback and BONUS are not required but they are a nice way to show you appreciate the expert's time and effort

 

If you have questions in the future, feel free to ask for me by typing your name at the beginning of your question

____________________________________________________

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

Customer: replied 6 years ago.

his father has agreed to sign the passport form and have it notarized, he does not want to stop me from taking him on vacations and such (i was going to take my son to the bahamas for his birthday).

So i can get the passport.

If i have the passport i would then need to get sole custody? Would that be easier than terminating his parental rights?

Considering the situation, what would be best for me to try for?

Expert:  ANDREA, replied 6 years ago.

If you have sole custody without terminating the parental rights of the father, he can ask for visitation when he is released from prison.

 

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ANDREA, JD, LLM

MEMBER, NY & PA BAR

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Customer: replied 6 years ago.

yes, but he will be deported, with no possibilty of returning.

i know the immigration issue he is facing, he has aggravated felonies, immigration is very clear that he will be deported and not allowed reentry.

how would he request visitation from Canada?

Expert:  ANDREA, replied 6 years ago.

I never leave anything to chance and nothing is impossible. Canada is our closest neighbor. I would not be surprised that if in a few years he were permitted to cross the border into the United States.

 

I am trying to impress upon you that being awarded "sole custody" definitely does not terminate the parental rights of a biological parent and "sole custody" is definitely not synonymous with terminating the parentaol rights of a biological parent. Your safest and most secure course of action is to terminate his parental rights. Try asking him if he would sign an Affidavit of Voluntary Relinquishment of Parental Rights. If he is willing to sign that, his signature would be notarized by a Notary Public and you would then attach it to a Petition as an Exhibit and that would be the end of his parental rights.

 

___________________________________________________

 

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!