Full Legal Custody/Terminate Rights?


#1

Hi - My ex and I have a 2.5 year old, we have never been married and he lives out of state. He is not on her birth certificate, met her once when she was 14 months old, and has refused to support her financially. He does not dispute that he is her biological father, but pretends that this never happened and does not want to see her. Despite his lack of financial support, I have always had an open door policy and have offered to bring her to see him, but he doesn’t have any interest. I want to be certain she is protected in the event that something happened to me, and he would not receive custody. Am I am able to file for Full Custody given that he has basically abandoned her, does he have to consent to this or do I need to terminate his rights? I have heard that the judges are not in favor of terminating rights in NC, and would it be possible that this would not be granted if requested?

Thank you!


#2

Even if you did file for and are awarded full custody, the father would get custody in the even of your death. What I suggest you do is file an action to terminate his parental rights. I cannot say whether the motion would be granted, but his refusal to provide support or be a part of the child’s life are factors listed in the statue as grounds for termination.