Yes, he still has rights, unless you petition for the termination of those rights. Generally, a court won't allow the termination of rights, unless there is another person willing to take over those rights, i.e, adopt the child, like a step-parent. Your child's father would have the right to contest any termination procedure and the fact that he is in jail and can not maintain contact would be a legitimate defense. Whether it would be successful or not would depend on many factors.
Answered on Jan 17th, 2013 at 8:52 AM