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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110398
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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How much right does a father in jail have in an guardianship

Customer Question

How much right does a father in jail have in an guardianship over a 14yr old. Who's mother just passedaway. And she has been there all his life in everything and financially. The father ha been in jail all of the 14yrs life. Eixcept f the times she took him to visit him in jail, but there is no bond. Am his aunt, his mom is my sister.
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, in jail he would not really have any custodial guardianship rights, but he still has parental rights if they have not been terminated. This means he has rights to make decisions for his child, which the courts have held to be a fundamental right (basic civil right) which would not be disturbed unless he is found to be unfit. See: Troxel v. Granville, 530 U.S. 57 (2000).
But he would not get physical custody of course being in jail, he would retain rights to make decisions for the child though as long as he is fit to do so.
Unfortunately, to get guardianship, you are going to have to go to court and you will need a local attorney, so if you cannot afford one you can get legal assistance and representation from the local legal aid office.

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