Divorce & Parental Rights Q


#1

I’ve been searching tirelessly online and can’t find answers to these questions, please Mr/Ms Attorney offer up your advice in this situation. Thank you.


#2

Unfortunately, there is no way to shorten the one year waiting period for divorce.

It certainly sounds as if you have grounds to terminate his parental rights, however he cannot give up his parental rights, he must have them taken from him.

We do not practice in this are of law, but if you qualify financially, you may be able to get help with this from legal aid. If social services is already involved in your case, I would speak to your case worker and see if this is something that DSS intends to proceed with.

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

ROSEN.COM

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.


#3

My first question is about divorce. Is there any legal means under certain circumstances to obtain a divorce before the 1 year waiting period? My circumstances are that the spouse is in jail headed to prison for crimes against the famly (indecent liberties & first degree rape of minor children, my daughters his step-daughters). In this instance of crimes against the family do you still have to wait the full year?

My second question is about parental rights. Is it best to file a petition for the spouse to sign over their parental rights With the divorce, or seperately?? The divorce itself will be simple uncontested, all property has been divided and such. Not sure if he will fight the parental rights petition, he has signed over rights to his previous children in other states so I’m assuming that he will this time as well.

When a situation like this where he’s behind bars for molestation of step children and when he was arrested I was told that he wasn’t to have contact with any of the children (including his son we had together) is there legal grounds that would help me/back me up in petitioning for him to sign over parental rights?

Thank you.