Your custodial rights are separate from his, which means if the court grants you custody, you do not automatically have to share the children with him.
If you wish to file for divorce and do not know where he is, you can file for divorce and serve him via publication.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I had a child in 1996 with a man I married later that same year. That man subsequently cheated on me and abandoned both me and our son (I list those two separately because when asked take our son in off the streets at night immediately after I lost my job and our apartment due to having no-one to babysit while I worked, he said no.)
I had two other children in a long-term relationship that failed after four years, and I then lost custody of all three children in 2001 because I went into the hospital with no-one around to care for them. My rights were terminated. Though we’re still fighting, it seems increasingly hopeless – it’s been almost seven years.
I’m now wanting to divorce my first son’s father. I do not know if his rights were terminated with mine; they were unable to find him and he never appeared in court at all, so his case was separated from mine and I doubt he knows anything about it himself. I do know that he’s not a good father – he’s inherently unstable and hasn’t matured in the intervening years. I don’t intend to stop fighting for the children, but if I manage to win, I don’t want to have to share custody with him. Is it possible to have him sign over his rights to me even though I don’t have custody myself? Should I just proceed as I would if I did have custody?