Paternal Grandfather and Maternal Great Grandmother have joint custody of children. Father is under a protective order until the children turn 18 and has to have supervised visitation. Been incarcerated two plus years. Want to take parental rights.
Please be informed that Lawyers.com offers general information and not legal advice. Legal advice is based upon a complete review of the relevant facts in a particular case, including but not limited to the pleadings, and agreements reached by the parties, and the final disposition of the applicable court. Your questions is very fact-specific and will require legal advice for a number of reasons.
Based on the information you have provided, it appears that a court order is already in place. Was the court order entered by agreement of the parties? Or, was it the result of action taken by Child Protective Services or some other state agency? If the latter, what were the circumstances leading to entry of the current court order? Were the parents involved in the legal proceedings, if so were there any agreements? Were the parents represented by counsel? If the father was incarcerated at the time of the prior proceedings, did the court appoint a Guardian ad litem to represent his interest? Who " want (sic) to take parental rights, as referenced in your inquiry?" If there is a termination of parental rights proceeding, was it initiated by the state or the grandparents? If the grandparents are seeking to terminate the father's parental rights why are they seeking termination? Is the goal one of adoption? If so, are they prepared to engage counsel to pursue a contested adoption?
For that reason, it is not possible to answer your question in this forum and it is suggested that you confer with an experienced family lawyer in your area to discuss this matter in greater detail. Best of luck~
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