Grandparents rights and signing over rights


#1

Dear nancyrich:

Greetings. First, a child support action is different from a custody action. If you only have a child support ORDER, then yes, she can still file an action for custodial/visitation rights.

He will not be able to terminate his rights unless you allow him to do so. His willingness to “lose” his child should be noted.

I would ignore the grandmother, and just try to promote a healthy visitation with your child. Offer to bring her by once every other month. Make grandma have no reason for her behavior, which will only prove you the better person again and again. It is unlikely that if your ex cannot pay child support that his mother is going to retain an attorney and try to get any rights.

You will smell like roses - even if you are dating someone (as long as they are above the legal age limit [:)][:D][:)])

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

My ex’s mother just called me and chewed me out b/c I finally set in motion an order of support through the courts.Ex is $2170 in arrears (only has to pay $50 per week). She is trying to tell me that she is going to try to get visitiation with my daughter, a little history- she has NEVER purchased anything for my daughter not even a birthday card, Christmas card-nothing. She us upset that I filed the motion against her son, and that I should have kept it the way it was, him paying me when he felt like it, or when he “had a good trip” he is a commercial fisherman. I don’t think I am being unreasonable, we have been separted for quite awhile as you can see from the arrears amount. My daughter, four, has only seen GM for a few hours about once a month. I have read that GM should have filed a motion when the original order was made. But do you really think a judge will give her visitation on those grounds? I have sole custody.
And ex is saying that he wants to sign over his rights to our daughter b/c I won’t allow her to spend the night with him, his 17 year old girlfriend (maybe she is 18 by now, her BD is in August) and their <1 month old son.
If men could sign over their rights that easily wouldn’t every deadbeat dad be doing it?
I don’t have a problem with dad spending time w/daughter but I do have issues with a 17 year old taking care of my daughter. (By the way GF is only 2 years older than my 1st daughter from a previous marriage I am 37 he is 27 so much for Stella getting her groove back.)
Things are going to be getting very ugly very soon. GM says she has people “spying” on me, we live 150 miles apart, they all live in Carteret and I live elsewhere. I recieve public assistance and GM is saying she is going to drag me through the mud in court. Mind you I haven’t even gone out with someone for coffee much less new livein GF and new baby. Our divorce was final 4-22-05. You do the math.
So am I going to come out smelling like a rose or a tird?