Right of an Incarcarated Parent

My brother has been incarcarated in a Texas prison for 6 years. He is divorced and has an 8 year old son. His ex-wife is remarried and is wanting my brother to give up is parental rights and let her new husband adopt their son. He doesn't want to do so, but doesn't know if there is a way that they can legally take his right because of his incarcaration. What is the best advice that I can give him right now? Do you have any other websites that I can search regarding this matter? My brother wrote her a letter saying that he didn't want to discuss this further until he is released. Will he actually have to get a lawyer during his time of incarcaration? Also, how is child support handled while incarcarated?

Thanks so much!

R. Baskin

He absolutely can refuse. His ex will have to go to court and a court may or may not approve it. Your brother may have counsel attend the court hearing, and/or ask the court to somehow make arrangements for his views to be made known to the court. WLD could assist if need be.

No adoption can take place without the concent of the birth father. They do, however, discuss what is best for the child. If he is an involved parent and has the childs best interest in mind then they can't claim him unfit. Just because he is (was) in prision doesn't mean in the slightest that he is an unfit parent. Tell him to stick to it and to make it known that he understands that there is a new man in his ex's life, but he wishes to keep his son. The judge should understand that and so should his ex.