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Generally, being incarcerated does not take away a person's property rights. However, if there is a mortgage to pay, property taxes, insurance and utility bills, the property could be lost for non-payment. If you are dwelling in the property and paying for the upkeep and maintenance, then you should request your parent transfer ownership to you.

If you need to manage the property for your parent then he/she must execute a Power of Attorney that names you as the attorney-in-fact. That would give you the authority to stand in for your parent, sign your parent's name and manage the property. The parent could also transfer ownership to the children if he/she will be incarcerated for a long time.

The situation changes when a parent is found criminally responsible for the death of the other parent. In that case the incarcerated parent's right to any marital property is wiped out and title passes to the children.

You should seek the advice of an attorney in your area who could review your situation and determine what your rights and options are.

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Q: Can a child have the rights to their parents' property if in jail?
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What happens if you own half of property with someone in jail?

That person does not lose their property ownership rights. Noting can be disposed of without their legal okay, no different than if they were not in jail.


What happens to a child whose parents are sent to prison?

If a child's parents are both sent to prison, normally the child would be adopted by some other relative, and if there are no suitable relatives available, the child would become a ward of the state, and would be raised by a child welfare agency, at least until one or both parents are released from jail (and perhaps, even when released from jail, these parents may be deemed unfit to raise their child).


If you have primary custody and go to jail what happens to child?

The child goes to foster care of relatives until a decision of the court. In a related case, the child of an Ohio woman in jail for getting pregnant by a 13 year old boy, was placed in the care of her parents and the parents of the boy was ordered to pay child support.


Can the parents go to jail if the minor child gets into trouble?

No, the parent, or guardian, cannot go to jail for what they're son/daughter has done.


Can a mom revoke the parental rights of an abusive father who's always in jail who has been in jail almost 10 years of the child's life?

The mother can petition the court to remove the rights, but she can't do it without a court order.


Can a maternal grand parent get child support from kids father if mom is in jail and has temporary custody?

Yes, both parents owe her child support.


If I'm in jail can I loose my parental rights?

I would think that would depend on several things. Such as: Why you are in jail? Is whatever caused you to go to jail a danger to the child? How long will you be in jail? I would ask to talk with an officer about the situation and ask to talk to a social worker about it to.


How long will parents who smoke weed around there child go to jail?

thy could get up to 2-5 years


Can you relinquish your rights to a child to keep from going to jail?

One suspects there's a lot more to this question than meets the eye, but the answer is, no.


How do you get the father to sign his rights over to you?

If he's behind on child support and he 's going to jail tell him you'll keep him out of jail if he signs over his rights. My sister had that happen with her kids bio. father. it worked for her


Can you give up your rights to parenting?

Yes, you can relinquish your parental rights, however, if you are doing so to avoid payment of child support, most courts will not approve the relinquishment. Ultimately, the court will still have to say that it is in the best interest of the child. That normally will not be done unless there is someone willing and able to adopt in your place.


Can an out-of-state noncustodial parent that is in Washington jail getting on probation soon father gave up rights for 1 child not the othercan he request visitation rights for the one in Oregon?

yes