How do I terminate parental rights when the father is in jail?

Adrian - posted on 05/16/2010 ( 6 moms have responded )

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My two year old daughter's father hasn't seen her in seven months, and before that, he had only seen her a few times. She doesn't know who he is. He's in a gang, and he's a convicted felon. His probation just got revoked for a violation and now he's in jail for 10 years. How can I terminate his rights so my fiance' can adopt her? I want her to lead a normal life, and I don't want her to know who he is. It's not safe for either of us to be around him, and I damn sure don't want his name all over the news and her recognize it because it's her last name. I plan on changing her last name, but I have to terminate rights first. Help!

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Rochelle - posted on 05/22/2010

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i know in my state you have to prove unfit just becouse you are a felon does not make you unfit but being in prison for 10years could and when he was out he did not come and see your daughter that will go against him the first thing the judge is going to ask you is if you knew this man was not a good person why have a baby with him i would call an attoreny i would tell the attoreny the father only seen the baby a couple time and he has not seen her for 7 months she does not know who he he she knows my fiance as her father he has been the one here and they have a father daughter relationship that it would be detrmentol to your daughters well being if you daughter and your fiance is close i mean that is what it soulds like like your fiance has been the only father in your daughters life then the next peice of advice i would give you is get married but you need to make sure that it is a good relationship you just do not have you to think about any more you have your daughter just a word of advice good luck

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Amber - posted on 02/17/2014

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As close as I can tell from looking it up you don't have to have his consent just petition to have his rights taken away and then you can do the adoption without his signing off on it.

Jana - posted on 10/10/2013

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Hi, i dont have an answer, but i have a question. My daughters father is also in prison on 3 diferent felonies, he is listed in the prison system as arian brotherhood, his charges are from unlawful possesion of firearm, theft, drugs, etc.. he has NEVER seen her, and she is 2! he is on a 10-12 year sentence, so what are all the options? my current husband takes care of her, and as far as her, she adores him, he IS her daddy, hes been here since i was 3 months pregnant. im from texas. any tips and or advice is greatly appreciated.

God Bless.

Jane - posted on 07/19/2011

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Start with getting a lawyer - if you don't have much money, check with the local Bar Association for someone who would do it pro bono (free) or check with Legal Aid.

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