Does a father really lose all his parental rights from being incarcerated?

Asked 12 months ago - Pasadena, CA

My brother, who has physical custody of his children was recently incarcerated. His xwife had joint legal custody with my brother. She currently has taken the children. My brother had given his current girlfriend power of attorney to have the children. Does my brother really lose all his rights as a parent? Per the xwife, he does. All we want is the children to be safe. She continues with alcohol abuse as well as domestic violence issues. Shouldn't DCSF investigate and talk to other family members for proper placement?

Attorney answers (2)

  1. Michael J Corbin

    Contributor Level 20


    Lawyers agree

    Answered . You're talking about several different things. First, no one is taking ALL your brother's "parental rights" away. That said, because your brother is in prison, he cannot, obviously, care for the children. That means the kids go to the mother. Your brother's girlfriend has no rights whatsoever. If your brother is concerned that the kids are in danger with the mother, then he needs to contact CPS and get them to do an investigation. If they are in danger, the kids will go into foster care or be placed with some relative (like grandparents). To be clear, though, the girlfriend gets nothing.

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  2. Ross Carlton Meltzer

    Contributor Level 14

    Answered . No. This is a loaded question and has many facets. This should be discussed with an attorney on how to properly protect his rights.

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