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