My nephew was incarcerated the day before his son was born. He is not married to the mother. My nephew never had the opportunity to sign the birth certificate. I understand that the mother has filed for absent parent. Keep in mind she has taken the baby to see him many times and the paternal grandmother has taken him as well. What are his rights while he is incarcerated? Can he file for parental rights while incarcerated? He will be out later this year.
Answer
I can't fathom a judge granting a legitimization to someone when they are in jail. When he gets out and hopefully decides not to be a criminal, he should meet with a lawyer at that time.
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