My son spent some time in prison 3 years ago and while he was in his daughters mother went to court and had his parental rights taken away. This is not something my son wanted but the mother served him knowing full well he would not be able to appear in court at the appropriate time. Once my son got out of prison my granddaughters mother went to the District attorney in San Bernardino county California and opened a case for child support. Is this legal for her to do since she had the rights terminated?

I'm guessing they wouldn't have let her do it if it wasn't illegal. I guess unfortunately that's one of the things that happens when you get sent to prison.

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Originally Posted by bertaanne

My son spent some time in prison 3 years ago and while he was in his daughters mother went to court and had his parental rights taken away. This is not something my son wanted but the mother served him knowing full well he would not be able to appear in court at the appropriate time. Once my son got out of prison my granddaughters mother went to the District attorney in San Bernardino county California and opened a case for child support. Is this legal for her to do since she had the rights terminated?

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Parental rights being terminated does not terminate parental responsibility.

Hello bert:

Yes, he is obligated to pay support.

However, if I were him, I'd try to recind the order that removed his rights. I'll bet he can do that easily. Then, of course, he can be part of his child's life.

Certainly, he needs an attorney.

excon

Yes it is legal for her to do this. It's actually surprising that any judge would've just taken his rights away completely, even if he was incarcerated. He should go to court and file a motion to get his rights reinstated. He'd probably have to settle for a gradual, phasing-in process. However, unless the mother was able to prove that your son is a clear and present danger to the child (and he really couldn't be while he was in prison), his rights should have never been revoked.