My husband has been incarcerated for almost 3 years his daughters mother is wanting him to give up his parental rights can she legally have this done without his consent?

No. Generally she will not be able to terminate his rights at all. However, depending on the reason for his incarceration and, if she's trying to get a new husband to adopt she may be able to force a TPR.

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Originally Posted by ScottGem

No. Generally she will not be able to terminate his rights at all. However, depending onthe reason for his incarceration and, if she's trying to get a new husband to adopt she may be able to force a TPR.

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His incarceration had nothing to do with a child or endangering a child it was a probabtion violation I think she's just trying to make him miserable

If he's not a danger to the child she cannot prevent him from having involvement in the child's life. This is, of course, moot right now if he is incarcerated.

He will need to file for visitation - and pay child support, including back support - and the Court will decide what is in the best interest of the child.

He is serving three years for a probation violation or am I reading this wrong?

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Originally Posted by denisemiller

His incarceration had nothing to do with a child or endangering a child it was a probabtion violation i think she's just trying to make him miserable

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A probation violation means he was convicted of a different crime, sentenced to probation then violated the probabtion. So you really need to know what he was convicted of.

If it was a crime of violence (probably not if he was initially given probation) that could help the mother obtain a TPR. But there has to be a hearing before getting the TPR.

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Originally Posted by JudyKayTee

If he's not a danger to the child she cannot prevent him from having involvement in the child's life. This is, of course, moot right now if he is incarcerated.

He will need to file for visitation - and pay child support, including back support - and the Court will decide what is in the best interest of the child.

He is serving three years for a probation violation or am I reading this wrong?

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Yes he is seving for a probabtion violation we moved out of town without informing his probabtion officer

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Originally Posted by ScottGem

A probation violation means he was convicted of a different crime, sentenced to probation then violated the probabtion. So you really need to know what he was convicted of.

If it was a crime of violence (probably not if he was initially given probation) that could help the mother obtain a TPR. But there has to be a hearing before getting the TPR.

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It was not a violent crime we moved out of town without reporting to his probabtion officer

Then I see no grounds to revoke visitation.

What was the crime that he was convicted of in the first place ?

Yes, we understand he was on probation, but why, it was not jaywalking, robbery, drugs what.

Some states do allow for termination of rights for "long" prison sentences, I am not sure 3 years would qualify for that.

But normally unless the one parent has a new partner to adopt, you are not going to just take their rights away, unless one is a threat to the other.