Legal Question in Family Law in Florida
Parental Rights in Jail
If a parent is sentenced to 30 months in prison and has never seen his infant son who was taken at birth from the mother by DCF can his parental rights be terminated because of the length of his sentence or will he be able to seek custody upon release in 30 months? The child is currently in the custody of a family member of the mothers.
2 Answers from Attorneys
Re: Parental Rights in Jail
It is not a factor of time. It is also a factor of many other things but the parent would still need to be served regarding termination of parental rights. Contact us if you need any further assistance.
Re: Parental Rights in Jail
It is possible to terminate custody based on a prison sentence, but the sentence must usually be much longer than 30 months. Combined with other factors, though, a 30-month may still be enough to terminate.
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