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legaleagle, Lawyer (JD)
Category: Legal
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Experience:  Attorney-Business degree from The University of Texas
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Hello, My brother has two children but is in jail serving

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My brother has two children but is in jail serving a minimum of 1 year. The children's mother just recently passed away and now the children is residing with their aunt. My question is, does my brother still has his rights with his children even if he is in jail? And if yes, He asked me if i could take of his children till when he comes out. What can he do or Who can he see?

Mrs. Keopuhiwa
Submitted: 7 years ago.
Category: Legal
Expert:  legaleagle replied 7 years ago.
Yes he has rights as the sole parent since the mother has passed as long as before he went into jail he did not sign away his parental rights. But since he is in jail someone would have to act on his behalf to ask a court to grant him sole custody through another person who will care for the children until he is released. He needs a family law attorney because he can not do this on his own from jail due to the aunt already taking physical custody.
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