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AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
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I have a daughter that associated with bad people that were

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I have a daughter that associated with bad people that were put in jail, and she also received jail time because she was in vehicle and considered part of their activities. She has a little girl and the father obtained custody while she was in jail. She did not sign any papers waiving her rights of parenthood. She was unable to be present in court, and he now has custody and she has to pay child support.

I am caring for her after she got out of jail (18 months). She is not doing drugs or associating with those people and wants to get back into college and see her daughter shared basis.

Is it possible for her to reverse the judges ruling since she did sign any documents? Is there someone that you can recommend that might take her case?
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I'm sorry to hear about the situation!

I would like to make sure that I know what information you want so that I can ensure that my response addresses the issues you're wondering about.
You want to know:
1. Is it possible for an individual to seek a custody modification after release from prison?
2. Can you provide me with resources to help her locate an attorney?

Is that correct?

Please understand that I cannot provide direct referrals here. However, I can provide some links to online resources that she can use to search for an attorney. Would you be willing to click accept for an answer of that nature?

Thank you!
Customer: replied 5 years ago.

If a person is in custody, and they do not waive their parental rights, can they be terminated without consent and child support allocated to the person incarsarated.

 

Are their family law attorneys that represent people with such difficult backgrounds, if they can prove that they are rehabilitated and fit to parent?

Thank you for clarifying!

I am working on an answer to your question now. Please be patient and I will post the answer as soon as possible. This may take a little time, as it may require some research and it takes some time to type up a response.

Thank you!

1. If a person is in custody, and they do not waive their parental rights, can they be terminated without consent and child support allocated to the person incarsarated.

 

Yes. This can be done. However, the incarcerated parent would have to be served process and given a chance to respond. If that didn't happen, then parental rights should generally be intact.

A parent, even if she's been incarcerated, may petition to modify custody or visitation. The court evaluates such matters in the best interests of the child and, in all honesty, a parent who has had the children with him for a long time has an advantage. However, that advantage isn't absolute any every relevant factor should be considered when evaluating a child's best interests. Further, unless a parent is actually unfit, courts will generally grant some degree of visitation.

 

2. Are their family law attorneys that represent people with such difficult backgrounds, if they can prove that they are rehabilitated and fit to parent?

 

Yes. Any family law attorney should be able to assist, though all of the concerns should be discussed with the attorney at the initial consultation to ensure that the attorney is aware of the challenges that will be faced.

 

While it's not possible for me to provide direct referrals in this forum, I can provide you with some great resources that you can use to locate an attorney. It's important to remember that each attorney sets his/her own prices and each attorney decides which clients to accept and which clients not to accept, meaning that an individual may have to look around a little bit to locate an attorney.

Lawyers.com and Martindale are great resources. Both of these sites permit you to search for an attorney based on the attorney's field(s) of practice and geographic region. Further, the sites often provide additional information, including links to participating attorneys' websites and, in some cases, reviews of the attorneys. This information can help you to evaluate your potential selections.

Local Legal Clinics are often available for individuals who cannot afford to retain counsel on their own. These clinics provide free/discount services to those in need.

Local Lawyer Referral Services are also helpful, as they can direct you to attorneys in your region based on practice area.

Links:
Lawyers.com: http://www.Lawyers.com
Martindale: http://www.Martindale.com
Local Legal Clinics: http://www.abanet.org/legalservices/probono/directory.html
Local Lawyer Referral Services: http://www.abanet.org/legalservices/lris/directory

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!




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