Father in Jail: what rights does he have?

[Single_Mom]

My daughter is 4 years old. Her father been in jail for at least half of her life off and on. He was recently sentenced to 3 years in prison for his latst criminal activity.
I can't recall if he was on her original birth certificate, but I changed the spelling of her name and did not put his name on the new registration, because he wasn't available to sign it.
I want to move her to the U.S. I'm a U.S. citizen and he's Canadian. She was born in Canada and her paperwork for naturalization should be complete by the end of the month.
There is no custody order, as I never legally pursued custody although I've always been a sole support parent.
Does he have any rights to her?
Is it kidnapping if I just take her and leave Canada?

 

[MySonsMom]

I think if there is no order in affect you can do whatever you would like. I suggest whereever you end up, file for sole custody. If I am wrong, someone please correct me..Good luck!

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~MySonsMom~

 

[Parent1]

Why is it that just about every post I read, makes suggestions based on an opinion or law with total disregard for any moral or ethical responsibility on the part of the parents?

Here is a situation where the father is apparently in jail. He's a great role model. The mother obviously wants to just pick up and leave. Does she even intend on allowing contact between the child and the father, if he should ever get his act together. What about their marriage? Sometimes, we just have to stop and think. don't rush to a decision without thinking it through. And more importantly, don't forget that children didn't ask for this and that they have feelings and rights too!

 

[Single_Mom]

In response to the last posting. I've been struggling with this for almos the whole 4 years of her life. When he's not in jail, I have never, and don't intend on keeping him from seeing her. She has a right to know who her father is, even if he is an ass.
I work full-time, and go to school full-time in the U.S. and drive 30 miles back to Canada each night to sleep. She has to start school in the fall which futher complicated the situation.
Why should I stay and continue to live this complicated life for his sake? I figure: If he was thinking of her, he wouldn't keep doing wrong when he gets out.
I'm not some silly little girl who got with a guy and decided to get pregnant, then decided to run away with my love child. On the contrary. We met in highschool and dated for 4 years. I became pregnant by faulty birth-control and don't believe in killing babies.
I'm insulted that you would think I didn't consider his side. If I didn't, would I still be here?
Anyway, I do respect your opinion, and appreciate you takig the time to reply.

Thanks Sincerely,

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Parent1:

Here is a situation where the father is apparently in jail. He's a great role model. The mother obviously wants to just pick up and leave. Does she even intend on allowing contact between the child and the father, if he should ever get his act together. What about their marriage? Sometimes, we just have to stop and think. don't rush to a decision without thinking it through. And more importantly, don't forget that children didn't ask for this and that they have feelings and rights too! <HR></BLOCKQUOTE>

So what are you suggesting, that the mother ties herself down by living next to the prison and that she takes the child into the prison to see the father every week.. and all because the father was stupid enough to break the law ??..

If the father wants to change when he comes out then he need to prove himself.. it is not for the mother to say, 'hey, your out, want to take the child away for 2 weeks' ?.

If you spend any amount of time here you will find that many replies deal with moral and the ethical responsibility of the parent. However, sometimes, as you yourself has realised, one parent just does not care and pursues pointless action anyway.

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SMILE - Start Making It Livable for Everyone

Divorce is a process over which children have no control. Children should not be its victims.
When parents are under stress, it is harder to be in touch with their children's pain and anguish.
It takes time, effort, and planning on the part of the parents to be able to provide for the children's needs.
In the crisis of divorce, parents may put their children on hold while they attend to adult problems first.
Sometimes separating/divorced parents find that their roles and expectations are undefined and cloudy.
If handled properly, divorce need not be devastating for children.