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

    Oct 5, 2013, 07:59 PM
    Husband fathered a child
    My husband fathered a child during our marriage The child is now 1 year old and the child was not given my husband last name They were both on drugs at the time of conception and through out this ordeal. My husband with to prison and have never seen the mother or the child The mother has now gave her mother full custody and requesting to terminate my husband rights.. The child lives in Las Vegas Can his parental rights be terminated
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #2

    Oct 5, 2013, 08:36 PM
    Is he still in jail?

    His rights can only be terminated if he agrees. You have no say in it at all, as it's not your child.

    Has paternity been established via a DNA test? He has to prove that he's this child's father, then he can go to court to establish visitation, and child support.

    Does he want to have this child in his life? If he's open to this child being adopted, that's his call, not yours. How does he feel about it? Why are you asking this question, not him?
    mrslee's Avatar
    mrslee Posts: 2, Reputation: 1
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    #3

    Oct 5, 2013, 09:13 PM
    .He is still in prison and paternity has been established since Feb 2013 . He is contested his right to be terminated through a letter to the district attorney. I didn't not say I have anthing to do with this, he ask me to help as his wife
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #4

    Oct 5, 2013, 10:23 PM
    Quote Originally Posted by mrslee View Post
    .He is still in prison and paternity has been established since Feb 2013 . He is contested his right to be terminated through a letter to the district attorney. I didnt not say I have anthing to do with this, he ask me to help as his wife
    There's very little you can do. You have no rights to the child, and therefore can't really contest what the mother of the child is doing.

    When does your husband get out of jail? How was paternity established? DNA is the only way. Was a DNA test done?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Oct 6, 2013, 01:42 AM
    He has contested the termination. Now he has to wait to see what the court's decision will be, which may based on various factors such as if his conviction had anything to do with the mother of the child. He can hire a lawyer now or later, but if this is important to him, he should do it sooner rather than later, although courts don't rush to judgment on questions of this sort.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 6, 2013, 06:11 AM
    A court will rarely terminate parental rights. They will generally do so for 2 reasons. One is to clear the way fro an adoption, the other is if the parent is a danger to the child.

    You said custody is being given to the grandmother, not that she is adopting. You don't say why your husband is in jail, though I am guessing its drug related.

    Its impossible to predict what a court will do, especially with so little information.

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