Custody

[Layc]

Hi. I'm in the process of starting a divorce. My husband and I have been separated for 3 years and he has been in prison since the day after we got married. He has been sentenced to prison until Aug. 2016. We have one daughter together that does not know him because he can't stay out of trouble in prison and has had all his privileges taken away as far as visitors. I am so ready to get him out my life. He is also wanting this divorce as much as I do. My problem is that I don't think that since he is in prison and has proven to not learn from his mistakes I'm afraid that he is no role model for my daughter and don't think its a good idea for her to be around him in a prison. I know that he will contest to that and will want visitation rights. Currently he is in South Carolina state prison and I'm in Florida, so taking her to see him if he even had rights would be near impossible. What I'm wanting to know is do I have any grounds to fight for him to give up his parental rights? and have him out of our lives. He is also considered a danger to society. So what would a judge consider to give me 100% parental rights. Thanks for any advice!

[Attorney Howard Iken]

Termination of parental rights is a touchy issue. You are not only eliminating the parent's rights, but you are cutting off the child's right to support, inheritance, extended family relationships, etc.

It sounds like there may be some possibility. But courts are reluctant to go that final step.


Attorney Howard Iken