Does Father In NY Prison Have Rights To Son?

[PeaceOfMind55]

My son's father was sentenced to a NY prison for 18 years a couple of years ago for a violent crime on a minor. My son and I now reside in Florida, where I was granted my divorce and sole custody of our son. I know that while someone is in prison they really don't have any rights, but does he still have rights to his 4-year-old son? I do not take him to visit his father, but his father does write him quite often.

I ask this because my fiance wants to adopt him. We've been discussing this for a while now, and now that we're getting married I'd really like my son to have his name. So I guess even if adoption wasn't an option, would I be able to legally change his last name? Adoption is the most important to me because my fiance has been in his life, and HE is "Dad." I want to make that legal.

Thank you.

 

[army judge]

My son's father was sentenced to a NY prison for 18 years a couple of years ago for a violent crime on a minor. My son and I now reside in Florida, where I was granted my divorce and sole custody of our son. I know that while someone is in prison they really don't have any rights, but does he still have rights to his 4-year-old son? I do not take him to visit his father, but his father does write him quite often.

I ask this because my fiance wants to adopt him. We've been discussing this for a while now, and now that we're getting married I'd really like my son to have his name. So I guess even if adoption wasn't an option, would I be able to legally change his last name? Adoption is the most important to me because my fiance has been in his life, and HE is "Dad." I want to make that legal.

Thank you.

A person's parental rights can't just be taken away.
Nor, can a person just give away their parental rights.
Being an imprisoned felon is grounds to divorce someone (as husband or wife), but not as dad or mom.

You and your intended should speak with a lawyer about the difficulty in adopting a baby.
It won't be easy, but it will be expensive.
And, if baby's dad fights it, it'll be almost impossible.

Look, dad is gonna be locked away, more than likely, until baby becomes an adult.
So, why the rush?
You're not even married, yet!

Why not get married first.
See how things work out and if the marriage lasts.
Then, in four, maybe five years, investigate the possibility of adoption.
It won't be easier, but you'll have been married awhile and will know if that marriage is working.

The kid already has one dad.
Why confuse things with someone else who might not be there by the time the kid is 10 years old?
Besides, when the kid is 18, he/she can change his name anyway.
This means more to you than it does to the kid.
Kids just want stability, love, and protection.
The kid already has a name.

 

[PeaceOfMind55]

A person's parental rights can't just be taken away.
Nor, can a person just give away their parental rights.
Being an imprisoned felon is grounds to divorce someone (as husband or wife), but not as dad or mom.

You and your intended should speak with a lawyer about the difficulty in adopting a baby.
It won't be easy, but it will be expensive.
And, if baby's dad fights it, it'll be almost impossible.

Look, dad is gonna be locked away, more than likely, until baby becomes an adult.
So, why the rush?
You're not even married, yet!

Why not get married first.
See how things work out and if the marriage lasts.
Then, in four, maybe five years, investigate the possibility of adoption.
It won't be easier, but you'll have been married awhile and will know if that marriage is working.

The kid already has one dad.
Why confuse things with someone else who might not be there by the time the kid is 10 years old?
Besides, when the kid is 18, he/she can change his name anyway.
This means more to you than it does to the kid.
Kids just want stability, love, and protection.
The kid already has a name.

I'm sorry, his parental rights were taken away when he committed the crime that he did. He wasn't thinking of his son when he took a 16 year old girl into the woods to beat her. You think I want him to have rights to his son after that? Ha. His manipulative, guilt ridden letters addressed to me are getting old. You don't exactly know what I'm dealing with. The dad, in my opinion, doesn't have ground to stand on fighting this.

As for your other comments, I have no comment. I didn't come here for marital advice. I didn't find this helpful at all.

 

[army judge]

I'm sorry, his parental rights were taken away when he committed the crime that he did. He wasn't thinking of his son when he took a 16 year old girl into the woods to beat her. You think I want him to have rights to his son after that? Ha. His manipulative, guilt ridden letters addressed to me are getting old. You don't exactly know what I'm dealing with. The dad, in my opinion, doesn't have ground to stand on fighting this.

As for your other comments, I have no comment. I didn't come here for marital advice. I didn't find this helpful at all.

Well, that changes things.

If the kid's dad has lost his parental rights due to his criminal conviction, when you marry another man, the kid can be adopted by your new husband.

Speak with any local lawyer about adoption, or try do it yourself adoption.
You can get the forms to start the process from many online sites or in person stores.
Check with your local court to see what you have to do to adopt in your state.

 

[PeaceOfMind55]

Well, that changes things.
If the kid's dad has lost his parental rights due to his criminal conviction, then another man can adopt him, if you sanction it.

That's the question, though. I'm sorry if you misunderstood. I don't know if he still has rights to his son or not. At some point we will be speaking with a lawyer about this. I wonder if it would be possible to have them involuntarily terminated because of his crime.

 

[army judge]

That's the question, though. I'm sorry if you misunderstood. I don't know if he still has rights to his son or not. At some point we will be speaking with a lawyer about this. I wonder if it would be possible to have them involuntarily terminated because of his crime.

If the court hasn't taken his parental rights, he still has them.
If you want another man to adopt the boy, then you might try asking him to give up his rights.
As the kid will be an adult when this thug gets released, a court might decide that he can't be a father.
If another man is willing to be that father, by adopting the boy, the court might allow the thug to give up his rights.
Ask him, you might be surprised at his answer.

 

[Proserpina]

Were his rights actually terminated legally through the courts?

ETA: cross-posting with AJ

 

[Gail_in_Georgia]

Army judge understands many things. You haven't been clear if the COURT has taken away this mans parental rights or if you've decided they've been taken away by the crime he committed.

What you think does not matter if this man hasn't had his parental rights terminated 1. by his agreeing to do so voluntarily or 2. the court ordering such. You need to be clearer on that matter when you post.

Gail