If I want full custody of the kids, but didn’t want to take away visitation rights what are the odds of the judge allowing that? I want the kids to see their dad. But I want full custody so I don’t need his permission on everything. I’d still discuss things with him out of respect, I just want to be able to over ride his decision if I feel something is in the kids’ best interest and he doesn’t.
Typically legal and physical custody is joint. It’s not likely that you would be awarded primary legal custody (the right to make decisions such as schooling, non-emergency medical procedures, etc. without mutual consent) without evidence to support why it would be in the children’s best interests for their father to not be involved in such major decisions.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
What happens if he gave up his parental rights?
A parent in NC cannot give up his or her parental rights. Parental rights can only be terminated by court order when certain grounds exist.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.