MEANAKAY@webtv.net (DEANA FRETTER) wrote in message news:<7343-414141EC-408@storefull-3214.bay.webtv.net>...
My ex husband has just been convicted of a crime against a child. (
avery serious one) I would like to have his rights taken from him, but
he will not give them up freely. He is also going to jail soon for
along time. My question is can I get his rights taken while he is
locked up.
I will appreciate any help anyone can give
Thanks
need more details let me know
Desperate mother
Depends on the state: you follow your state's rules. You don't say
what rights are at stake; I'm guessing you mean parental rights such
as joint custody.
In California, for example, you would go for a court order granting
you exclusive custody. He may oppose this if he wants to; if he
opposes it, the court may appoint an evaluator, then rely on the
evaluation as well as other evidence in deciding.
The court's decision is supposed to be "in the best interest of the
child", so making a case that the court will believe to the effect
that granting exclusive custody to you will be in the best interest of
the child will be an objective. A lawyer who does family law for a
living will be far better able to do this than you will on your own.
If you have a well-founded belief that your ex is a present danger to
you or your children, you may want to go for a restraining order as
well. You would also want to make sure that a restraining order is
part of any conditions of parole or probation, so he still has to stay
away after he gets out.
--
Not a lawyer, any good family-law lawyer should be able to get you
through this,
Chris Green
