Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My sons father is a convicted felon who is currently incarcerated

Customer Question
My son's father is a...
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: 7 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 9 minutes by:
6/1/2010
Family Lawyer: ANDREA,, Lawyer replied 7 years ago
ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
Verified

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.

___________________________________________________

 

 

 

That is the only way I get paid

 

Positive Feedback, 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!

ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
Verified
ANDREA, and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 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?

Family Lawyer: ANDREA,, Lawyer replied 7 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!

 

Ask Your Own Family Law Question
Customer reply replied 7 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?

Family Lawyer: ANDREA,, Lawyer replied 7 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.

 

__________________________________________________

 

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

Ask Your Own Family Law Question
Customer reply replied 7 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?

Family Lawyer: ANDREA,, Lawyer replied 7 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!

 

 

Ask Your Own Family Law Question
Ask ANDREA, Your Own Question
ANDREA,
ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
12,554 Satisfied Customers
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law

ANDREA, is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My Grandchild was removed from his biological parent's at
My Grandchild was removed from his biological parent's at the age of 5 weeks old and they still do not have him back. We are the paternal Grandparents and would like to find out why he has not been re… read more
Sue
Sue
Juris Doctorate
192 satisfied customers
I am trying to gather information about seeking sole custody
Hi there! I am trying to gather information about seeking sole custody of my son after his biological father has been out of contact. … read more
lawyerJ
lawyerJ
Juris Doctorate
127 satisfied customers
What is necessary for a parent to obtain sole custody of a
What is necessary for a parent to obtain sole custody of a child who is receiving financial support from Social Security? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,486 satisfied customers
My daughter's husband has filed for sole custody of their
My daughter's husband has filed for sole custody of their children. Why would the courts give sole custody to one parent? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
Is I file emergency sole custody of my own children, will
Is I file emergency sole custody of my own children, will that cancel out the special custody?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,626 satisfied customers
At trial june 2016 I was awarded sole custody and permission
Good morning. At trial june 2016 I was awarded sole custody and permission to relocate to Florida.. Father's attorney filed a motion October 2017 (which court refused to hear due to procedural deficie… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
When I had sole custody of my daughter, she was doing well
When I had sole custody of my daughter, she was doing well in school, playing on several school athletic teams, and happy. A family court judge forced her to try 50/50 custody and she began failing in… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
My daughter has temporary sole custody of her 2 year old.
My daughter has temporary sole custody of her 2 year old. The "sperm donor" (sorry he doesn't deserve the respect of father) has supervised visitation. He says that if she won't allow him to get the b… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
My boyfriend's ex-wife has filed to get sole custody of his
My boyfriend's ex-wife has filed to get sole custody of his son. We live in California. We want to find out if he can still honor his custody agreement as it stands right now? There's actually a lot o… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
I have a question, can I get the sole custody even if I'm a
Hi I have a question, can I get the sole custody even if I'm a illegal immigrant in nyc … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
If the biological parents can't get custody of their child,
If the biological parents can't get custody of their child, whom is next to get their child?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
What is the difference between having a sole custody for my
what is the difference between having a sole custody for my child or having a joint custody with all final decisions made by me? please list anything that you can think off.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Second opinion] My ex boyfriend has sole custody of our
Second opinion] My ex boyfriend has sole custody of our daughter in Ohio. His wife took our daughter to Las Vegas without him going is that legal do I have any say… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
What is the difference between "sole custody" and "joint
what is the difference between "sole custody" and "joint custody" with the right to make all medical and educational decisions for my child? is it essentially the same? if not please explain why?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
Are there any cases open for violating Parental Rights
Are there any cases open for violating Parental Rights within the State of Delaware? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If you are the biological parent no pending or prior to cos
If you are the biological parent no pending or prior to cos case can a judge app a public defender to represent your minor child without your knowledge in texas … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
Ex has sole custody and has not followed visitation plan 7/7
Ex has sole custody and has not followed visitation plan 7/7 for 8 months stalling. Now his attorney state will only go to Mediation if I agree not to 7/7. So, I would start mediation with less days/n… read more
Bill Attorney
Bill Attorney
law
1,422 satisfied customers
CAN AM ADOPTIVED CHILD RETURNED TO BIOLOGICAL PARENTS
CAN AM ADOPTIVED CHILD RETURNED TO BIOLOGICAL PARENTS CONTINUE TO RECEIVE SURVIVOR BENEFITS FROM ADOPTED PARENTS … read more
Sue
Sue
Juris Doctorate
192 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x