Legal Question in Family Law in New York

Parental rights for the custody of their child

What rights do parents have in maintaining their custodial and parental rights of their child in New York State even though their both in prison. The father is serving 3yrs. for bank robbery in Daytona Beach Fl.; release date 12/2007, first offence. The mother is serving 2 & 1/3 to 7 yrs. in upstate NY. For skipping out on court ordered alcohol re-hab for her fourth DWI��s in four years, her first time in prison. Their two-year-old son at the time, of the incident was taken into child protective care in upstate NY and placed directly in foster care to be adopted by the foster parents. The mother while in prison was intimidated into giving up custody of her older son. My brother never gave up his custodial rights, and was never legally notified of these events, and he whishes to maintain his parental rights.

Questions

�X What constitutes Permanent Neglect of a child

�X Termination of parental rights

�X Constitutional rights for legal representation in court

�X Rules and procedures for serving of legal documents

�X Do prisoners have a right to be present at these preceding either physically, or video feed?


Asked on 12/03/06, 3:06 pm

1 Answer from Attorneys
Allison Worthington

Re: Parental rights for the custody of their child

Maintaining parental rights while in prison hinges on the relationship that the parent has maintained with the child during the period of incarceration. If the father made reasonable efforts to have contact with his child, helped make plans for the child, and involved himself in his child's life to the extent that he was able to while in prison, then he has an excellent chance of keeping his parental rights. However, any proceedings that have already taken place in your particular case could change things, so if you want to email me with some more details I can give you a more specific answer. I also know of a pro bono service that assists prisoners in these matters that might be able to help with the case if your brother qualifies.

Read more
Answered on 12/04/06, 11:34 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York