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    frankie_34's Avatar
    frankie_34 Posts: 1, Reputation: 1
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    #1

    Mar 11, 2012, 07:48 PM
    Just because I was in jail does that give the courts the rights to take away my right
    I was sent to jail on Jan. 12,2011 for violating probation. After being in jail just a couple of weeks my lawyer shows up and said that either I voluntarly relinquish my rights or they would be taken under agrevated circumstances and I would never be aloud around my kids, grandkids or anyone Else's kids ever. Which I didn't understand cause my charge had nothing to do with children. I was told that even though I give up my rights my children still have the right to ask to see me, to talk to me and even have visits with me. Well none of this has happened I was a very good mother I was perfect and yes made mistakes but I don't think I deserve to be out of my kids lives for the next 6 yrs till they are 18. Is there anything I can do to get them back. PLEASE HELP
    Rachelrang's Avatar
    Rachelrang Posts: 45, Reputation: 0
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    #2

    Mar 11, 2012, 07:50 PM
    Talk to other lawyers you should still be able to see your children with at least an escort it depends on your origanal charges and what state your in
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #3

    Mar 12, 2012, 07:07 AM
    Yes, that can at times, give cause for a court to terminate your parental rights. How many times have you been in jail? How long will you be imprisoned this time? Who is going to take care of your children while you are there? Were any of the charges ones that affect your children (like drugs, or domestic situations)? I realize that these are personal, but these are all things that a court looks at when deciding to terminate parental rights. If you already signed a termination of parental rights, you need to speak to an attorney NOW, as there are time limits during which the TPR can be rescinded.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Mar 12, 2012, 07:11 AM
    WHAT were you jailed for originally? Since you violated it appears you can't keep your nose clean and the court feels that it is in the best interests of the child(ren) to terminate your rights.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 12, 2012, 07:38 AM
    I agree with "KC" and J9 - it appears to be more about the violation than the original charge. And, yes, this can happen.

    OP appears to have two choices - surrender custody or lose custody.

    (Having the chldren escorted into the jail/prison has nothing to do with this, unless "Rachel" means supervised visits - but that also doesn't appear to apply.)
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Mar 12, 2012, 07:43 AM
    Quote Originally Posted by frankie_34 View Post
    I was sent to jail on Jan. 12,2011 for violating probation. After being in jail just a couple of weeks my lawyer shows up and said that either I voluntarly relinquish my rights or they would be taken under agrevated circumstances.

    Is there anything I can do to get them back. PLEASE HELP
    Hello f:

    I don't know WHAT you did, but I think you got BAD legal advice. I'd hire me another lawyer.

    excon
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #7

    Mar 12, 2012, 07:49 AM
    Just so its clear... are we talikng about her "Parental RIGHTS" or are we talking about her Custody of the children... they are two separate issues that frequently get confused.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Mar 12, 2012, 09:05 AM
    What the lawyer told you is true to a point, ( are you sure this was your attorney, not their attorney?

    If you did not sign over rights, they could try and take them. ** but this is hard to do and often they do not win, so you gave up your rights instead of trying to fight for them.

    Yes the kids can ask to see you, but who ever is caring for them can say no, the kids can ask but does not mean it will happen.

    If whoever has custody will allow you to visit, you can, but you have no rights to
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Mar 12, 2012, 09:16 AM
    Quote Originally Posted by Fr_Chuck View Post
    What the lawyer told you is true to a point, ( are you sure this was your attorney, not their attorney??
    Hello again, F:

    The Padre, of course, would pick up on what I'm saying...

    YOUR lawyer, if he were any good, would have told you that the state is TRYING to have your rights revoked, but WE'RE going to fight it, and WE'RE going to WIN.

    I don't know IF you can win back your rights now, but you'll NEVER get it done WITHOUT a good lawyer - one who represents YOU.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Mar 12, 2012, 09:24 AM
    And if it's Court-appointed counsel they "may" not necessarily be unbiased, particularly if the Court-appointed Attorney is employed by the State that is talking about surrendering parental rights.

    Not saying it's fair but it does happen.

    I still think the original charges are important - for all I know that could be something involving violence or child abuse.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #11

    Mar 12, 2012, 09:43 AM
    Frankie34...

    You have had an opportunity to see the questions that other users have raised regarding your situation. Your first step is to figure out what actually happened. Did you sign a TPR (termination of parental rights) or did custody change while you were in jail. Your path from that point on will depend on what paperwork was signed, and the circumstances surrounding it. Either way, if you would like to fight it, you need to consult an attorney quickly, as time is a factor in custody and termination cases. I think that this is the best we can do with the information that you have given here, but if you would provide additional information, the users can suggest what you next step should be.
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