Is statutory rape a felony and, if so, is it possible to have my husband’s parental rights revoked?
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Is statutory rape a felony and, if so, is it possible to have my husband’s parental rights revoked?
I was reading about termination of parental rights, and in part one post said that it could happen if my son’s father was guilty of a felony against minors. My husband has been wanting to adopt him for almost four years, however my sons father has been in jail and we haven’t had the funds for an attorney. My sons father has had no part in his life, and in part has not wanted any part in his life except to threaten me with showing up and taking him. He has never even had our son for a day on his own. He says he is willing to give up his rights, I just wanted to know if we had another option if he decided to change his mind like he so often does.
Asked on October 12, 2012 under Family Law, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Different states in this country have different statutes as to whether statutory rape is a felony or a misdemeanor. The difference usually depends upon the age difference between the adult and the victim. The greater the age differential (for example more than ten years) the greater the chance that the crime would be charged as a felony.
To determine what the conviction was for as to your child's father (felony or misdemeanor) I suggest that you simply pull his criminal file. Such conviction will state either misdemeanor of felony.
As to assistance in what you want to accomplish, since you do not have the funds to retain an attorney, I suggest that you consult with your local legal aid clinic to see if it can be of assistance to you.
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