Absent parent

North Carolina Divorce Law Divorce and Separation Answers
1

My sons father and I were never married. He was born in Louisiana and his father is on the birth certificate. We moved to Nc in 2012 which his father was fully aware of and didn’t even try to prevent the move. We haven’t seen him since and haven’t heard from him in over a year. I don’t even know where he lives. I would like to do whatever I need to do to ensure he doesn’t just show up and be able to take him. Preferably I would like to have his rights terminated so I can do things like change my sons last name to mine and be able to get him a passport. We had to miss my sisters destination wedding last year because I can’t take him out of the country. Is this something I can file on my own? I wouldn’t even know how to have him served in Louisiana, as I don’t know where I would send it.

Thanks in advance for any and all information or advice.

2

The termination of parental rights (TPR) statute has two parts. First, there must be grounds for termination. Some examples include abuse/neglect, failure to provide child support, and leaving the child in foster care. After the court finds grounds, it has to ask if terminating a parent’s parental rights is in the best interests of the child. NCGS 7B-1100s covers termination of parental rights.

If you are unable to locate him to serve him with the TPR action, you can serve by publication. We discuss service by publication in our DIY Divorce eBook.