Skip to main content

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

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. 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.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.


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

    None of the information on this site constitutes legal advice. It is an ad for attorney services. The attorneys at DeDecker & Meltzer are licensed attorneys in the state of California. The information is intended to be general in nature as there are many laws and regulations not mentioned on this site that may apply to your situation. No attorney-client relationship is created between you and the Law Office of DeDecker & Meltzer unless a signed written fee agreement exists. You should not rely or act upon the information provided on this site without seeking the advice from an attorney.

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics