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View Full Version : Revoking a father's rights due to incarceration Georgia


hollyhobby26
Jul 21, 2010, 09:31 AM
I am trying to get information on revoking my son's father's rights. I live in Georgia and his father has been in and out of prison for most of his life. My son is 9 and really the only time I felt that he had changed was his prior prison release which was when my son was 7. Before then I had full custody and his father had none. I decided to give him a chance and went back to courts asking that his rights back and we agreed on a custody and support file through the courts. He failed to keep up his end of the bargain so I took him back for contempt and he was ordered to pay $2000 or stay in jail until he came up with it. He came up with the money, but still failed to keep his end of the deal. Keep in mind he is on parole still at that time. He was incarcerated for drugs etc... both times. We also have a family violence file which he was ordered probation and my case was dismissed due to self defense and endangering my child. That is why his rights were revoked before. He is now incarcerated again for parole violation and witnessing/signing false power of attorney form, which was for his current wife, as she had no knowledge but when found out she filed suit and was ordered one extra month. He will get out in December 2010 so I would like to get as much info as I can. I may not be able to afford an attorney and do this on my own. Guess I'm asking under these circumstances do I have a chance or am I wasting my time? Thanks

ScottGem
Jul 21, 2010, 09:36 AM
Who revoked his rights before and under what conditions? Courts are very reluctant to issue a TPR (and only a court can). So they would be even more reluctant to reverse it. Because of that, I'm finding it hard to follow what might have actually happened here. If, in fact, his rights were terminated, then reinstated conditionally, then his not complying with the conditions should make it a slam dunk to get the rights revoked permanently.

hollyhobby26
Jul 23, 2010, 12:33 PM
It's so hard to explain everything but basically before he went to jail the first time we did go through courts and he was ordered to pay support in which he failed to do so I filed a contempt and around the same time is when we had the family violence issue. During me filing charges and a judge deciding he was sent to jail for drug charges. So the judge granted me full custody and issued a stay away order from me and his son permanently. And the above is where it went from there. So slam dunk or not?