You cannot initiate an action to terminate your own parental rights to avoid liability for support.
Without a termination of your rights initiated by your wife in her home state, you could still be liable for support in the future.
sir
thank you very much for advise
my understanding i cant do any legal proceedings from charlotte as my wife lives in ohio with my son to stop her claiming the child support in future.
i have to request her to iniitate the proceedings to terminate my parental rights which will solve the issue - is that right sir?
thanks once again for your help and cooperation sir.
Your understanding that you cannot initiate proceedings to prevent your wife from receiving child support are correct.
You will have to request that she file a motion to terminate your parental rights, and the court in Ohio will rule on the issue.
sir
is it practically and legally possible to make a request to my wife in ohio to file a motion to terminate my parental rights? - if she ask why i am requesting her to file a motion what reason should i tell other than to avoid liability for child support? how long it will take this motion to complete? how much it will cost her approximately ?
is there any particular lawyers who do this or any family law firm can do this ? - in otherwords are there any lawyers who are specialist in filing a motion like this ?
thanks very much for your help sir.
sir
in otherwords how can i initiate this issue with my wife without mentioning about the child support - like fight with her for my son , ask for visitations, ask for child care and custody ? - i dont know how to start this process?
You may ask your wife to terminate your parental rights. The explanation for your request is that you want no connection to, or responsibility for your child. I have no idea how long the motion will take to complete, if it will be granted, or how much it will cost her. There are lawyers who specialize in family law.
I do not recommend that you initiate a custody action to force her into filing a motion to terminate your rights.
sir
how about if she refuse to file such a motion to terminate my parental rights on my request ? - she never listens to anybody - she always has to be forced to do things and all is afraid of in her life is USpolice, UScourt and fear of someone taking her child away from her. i have a gut feeling she will not listen to me when i make a request and i dont know how to get around this? - the reason why i was trying to bring the child custody is if she knows that she doesnt terminate my rights i can take my son away from her ?? - will await your advise sir…
I cannot ethically advise you to initiate a custody action in order to get your wife to move to terminate your parental rights. I am sorry I cannot help you further in this matter.
I cannot ethically advise you to initiate a custody action in order to get your wife to move to terminate your parental rights. I am sorry I cannot help you further in this matter.
sir
okay i agree with ur legal advise sir.
does she really need a legal reason to file a motion to terminate my parental rights like she has to remarry somebody or NO reasons whatsoever is required legally to do this ?
so she can do this either at her own interest or at my humble request ? - is that correct sir?
I cannot advise you on what elements she will need to make such a motion in Ohio.
sir
can i not file a motion requesting her to terminate her parental rights and take hold of child custody and care? - if yes can i do it from charlotte ?
please advise me sir.
You have no basis for filing suit to terminate her parental rights. The child lives with her, you have no interest in seeking custody and would only be filing such an action to try and cause her to retaliate. The courts are not to be used in such a manner.
sir
if i decide to take child care and custody - is it legally possible to file for child custody as i still have equal parental rights in this country (though divorced) when she is having the child for the last 8 months now - if yes can i file it from charlottee with your help?
The action lies in Ohio, where the child lives. You cannot file an action here in North Carolina as the child’s home state is where the action is proper.
sir
thank you very much for your advise.
5 years after divorce if she changes her mind and files for child support - can i file for custody and give visitation rights to her at that time?
in other words is there a stipulated time after divorce within which she should file and claim for child support ? or she can do this anytime before my son become 18 years old? so once my son turns 18 she cant claim for child support - is that right sir?
she cannot claim for his college tuition and other expenses when he turns 18 - is my understanding correct sir?
sir
when my ex wife files for motion to terminate my parental rights - will the judge bring the child support issue and ask her whether she got any child support from her ex-husband? if she says no will the judge compel her to get it in the best interest of the child even if she says she doesnt want it ?
many thanks for the advise.
sir
quick question
i am wondering whether i should wait and watch what my wife is going to do? if she claims the child support 3 years from now - can i file for child custody at that time?
when both of us are equally qualified and earning how can she claim for child support? if she claim how the judge will decide how much the child needs and how much each of us should contribute to the child?
many thanks
You may file an action for child custody at anytime.
There is a North Carolina Child Support Calculator on this website which you may use to estimate support.