If my daughter’s father goes to prison for a violent offense, can I take away his parental rights?

UPDATED: Feb 11, 2012

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If my daughter’s father goes to prison for a violent offense, can I take away his parental rights?

My daughter’s father has no rights. He is going to prison for assault; how many years I have no clue but he has had child endangerment charges in his past and 7 DV’s. Also, while he is in prison I would like to change her name and make it to where he cannot obtain rights to her in the event of something ever happen to me. Is that possible?

Asked on February 11, 2012 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you may have a very good case for asking the court to terminate his parental rights and to allow you to change her name.  Once the court terminates his rights you need not worry about him trying to take her in the event something happens to you.  Just seek legal help with this and with setting up a Will and guardian for her should something happen to you.  Good luck.

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