If my ex-husband goes to prison, what legal right does he have over our children?

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If my ex-husband goes to prison, what legal right does he have over our children?

I have been divorced for a year now and met a new guy who is going into the Air force. My ex-husband who I have 2 kids with get the kids every other weekend and some holidays. He is looking at prison time, and I would like to leave the state with my new husband and live with him at whatever base he is at with the kids. So if my ex goes to prison will he have any legal rights over the kids or can I move out of state and have my new husband adopted my kids?

Asked on November 18, 2010 under Family Law, Missouri

Answers:

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

Answered 10 years ago | Contributor

Let's start with the end and work backwards.  In order for your new husband to adopt your children you will either have t have your ex husband's parental rights terminated or he can give them up voluntarily.  Termination means that you and the children have no rights as to your ex monetarily: you in support or them in inheritance.  Doing time in prison does not necessarily automatically terminate parental rights, unless the reason for your going to prison has to do with an offense against the child or children and that is only in some states.  I would seek help from ana ttorney in your area on this matter.  Good luck. 


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