How can I take away my children’s fathers rights since he is incarcerated for a sex crime? 4 Answers as of August 07, 2013

My children's father has recently became incarcerated for a sex crime. He is sentenced to ten years in prison and in this time frame I do not plan on taking my children there. I would like to obtain sole custody and relinquish him of his rights so if my boyfriend wants to adopt them he can. The only problem is I do not know how to go about filing and what paperwork I need.

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Padove Law | Burton A. Padove
Completely taking say parental rights is an extraordinary remedy. You should seriously consider hiring counsel.
Answer Applies to: Indiana
Replied: 8/7/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You will need an attorney and the cost and complexity will be determined by all of the other circumstances. If you boyfriend wishes to adopt it would smooth the road if you married.
Answer Applies to: Michigan
Replied: 8/7/2013
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Should be easy enough to modify custody to sole custody, but you shouldn't terminate parental rights unless someone is definitely going to adopt (and even then, not necessarily). The person who wants to adopt should be in a committed relationship with non-relinquishing parent (a dating relationship isn't necessarily enough) and they should have been involved in the child's life for a significant period of time.
Answer Applies to: California
Replied: 8/7/2013
Peggy M. Raddatz
Peggy M. Raddatz | Peggy M. Raddatz
You need to consult an adoption attorney to see if his rights can be terminated.
Answer Applies to: Illinois
Replied: 8/7/2013
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