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    pjdunn's Avatar
    pjdunn Posts: 2, Reputation: 1
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    #1

    Dec 18, 2009, 05:02 PM
    Abandonment laws
    Residence of North Carolina. My daughter is in county jail. She has a son but isn't married to the father. Can the father have my daughter's parental rights taken due to the fact of her being in jail?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Dec 18, 2009, 09:05 PM

    No he would have to prove she is an unfit mother, abuse or neglect.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 18, 2009, 09:18 PM

    Well, I may disagree with nohelp.

    First at this point he can go to court and get a temp order giving him custody, Since she can't have him in jail with her.

    If she is sentenced to a longer term in prison, that is a reason to ask the court to consider taking their rights away.

    He may of course use her crime to show that the child is better off in his home, and ask for custody and her to only have visit rights.
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