Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison & Criminal Legal Help!
Register Entertainment FAQ Calendar Mark Forums Read

Prison & Criminal Legal Help! Ask questions, get opinions, and find resources on dealing with criminal justice legal issues, appeals, and more..

Reply
 
Thread Tools Display Modes
  #1  
Old 08-18-2012, 08:24 AM
ladybug9923 ladybug9923 is offline
Registered User
 

Join Date: May 2012
Location: midlothian, va
Posts: 40
Thanks: 19
Thanked 5 Times in 4 Posts
Default Are parental rights automatically terminated because of incarceration?

I have a question pertaining to parental rights of incarcerated individuals. Does the incarcerated person lose their prarental rights becasue of incarceration? I am trying to find out for the state of Virginia if parental rights are automatically terminiated becuase of incarceration. Is there something that the person can do to keep their rights.

Any information would be appreciated. Thanks
Reply With Quote
Sponsored Links
  #2  
Old 08-18-2012, 09:11 AM
HardHeadedWoman's Avatar
HardHeadedWoman HardHeadedWoman is offline
California Dreaming

Easter Egg Hunt 2013 - Participant 

 

Join Date: Sep 2005
Location: South Carolina
Posts: 3,363
Thanks: 366
Thanked 1,474 Times in 750 Posts
Default

no they are not automatically terminated.
__________________



Reply With Quote
  #3  
Old 08-18-2012, 09:30 AM
LittleSunshine LittleSunshine is offline
Registered User
 

Join Date: Aug 2011
Location: Ocala
Posts: 666
Thanks: 2
Thanked 151 Times in 113 Posts
Default

In order to terminate rights u must go to family court... Just like just cuz u r locked up doesn't pause child support.
Reply With Quote
  #4  
Old 08-18-2012, 09:58 AM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,784
Thanks: 641
Thanked 10,917 Times in 5,922 Posts
Default

What tends to contribute most frequently to a loss of rights while incarcerated is the failure to respond after having been served with the papers from Family Court. As noted above, there can be no termination without the action of the judge...and the judge must have a pleading before him upon which to rule.

And...absent the child/children having been victims of the offense, incarceration in and of itself is not evidence of being an unfit parent and thus should not serve as a basis for termination.
Reply With Quote
  #5  
Old 08-18-2012, 06:53 PM
ladybug9923 ladybug9923 is offline
Registered User
 

Join Date: May 2012
Location: midlothian, va
Posts: 40
Thanks: 19
Thanked 5 Times in 4 Posts
Default

Thanks everyone. I didn't think that was correct and was checking into it. My boyfriends ex keeps throwing that in his face and I didn't think it was correct. His daughter comes to see him about 2 times a month with his parents. He also calls his daughter a couple times a week.
Reply With Quote
  #6  
Old 08-19-2012, 10:17 PM
Gryphon Gryphon is offline
Registered User
 

Join Date: Oct 2005
Location: CA Sacramento
Posts: 6,103
Thanks: 0
Thanked 2,162 Times in 1,469 Posts
Default

Quote:
Originally Posted by ladybug9923 View Post
Thanks everyone. I didn't think that was correct and was checking into it. My boyfriends ex keeps throwing that in his face and I didn't think it was correct. His daughter comes to see him about 2 times a month with his parents. He also calls his daughter a couple times a week.
Visiting a parent in prison usually boils down to "best interests of the minor". That can turn into an expert's opinion after talking to the child.
Reply With Quote
The Following User Says Thank You to Gryphon For This Useful Post:
Onedaycloser13 (08-20-2012)
  #7  
Old 08-21-2012, 06:37 AM
DRUID1208 DRUID1208 is offline
Registered User
 

Join Date: Jan 2011
Location: NY,USA
Posts: 306
Thanks: 0
Thanked 39 Times in 34 Posts
Default

not that i know of
Reply With Quote
  #8  
Old 08-23-2012, 11:46 PM
johnrobert johnrobert is offline
Banned
 

Join Date: Aug 2012
Location: California
Posts: 2
Thanks: 1
Thanked 0 Times in 0 Posts
Default

No, they will not get terminated automatically. You must take help of family court to terminate rights..
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 07:52 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics