Is statutory rape a felony and, if so, is it possible to have my husband’s parental rights revoked?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is statutory rape a felony and, if so, is it possible to have my husband’s parental rights revoked?

I was reading about termination of parental rights, and in part one post said that it could happen if my son’s father was guilty of a felony against minors. My husband has been wanting to adopt him for almost four years, however my sons father has been in jail and we haven’t had the funds for an attorney. My sons father has had no part in his life, and in part has not wanted any part in his life except to threaten me with showing up and taking him. He has never even had our son for a day on his own. He says he is willing to give up his rights, I just wanted to know if we had another option if he decided to change his mind like he so often does.

Asked on October 12, 2012 under Family Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Different states in this country have different statutes as to whether statutory rape is a felony or a misdemeanor. The difference usually depends upon the age difference between the adult and the victim. The greater the age differential (for example more than ten years) the greater the chance that the crime would be charged as a felony.

To determine what the conviction was for as to your child's father (felony or misdemeanor) I suggest that you simply pull his criminal file. Such conviction will state either misdemeanor of felony.

As to assistance in what you want to accomplish, since you do not have the funds to retain an attorney, I suggest that you consult with your local legal aid clinic to see if it can be of assistance to you.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption