Have I waited too long?


#1

Dear Worried,

It doesn’t sound like your wife has filed to have your parental rights terminated at this time, so you shouldn’t worry about that. However, you should be prepared to pay child support, including those months that you did not pay after the date of separation. Your obligation to pay child support is not linked to your rights to visitation. You have both the obligation to pay, and the right to visit with your child. I can’t say whether the court will look badly on you, because I don’t know the whole story. However, you should be ready to pay back child support until the arrearage has been satisfied. Your child support obligation will last until your child has turned 18 and has graduated from high school. Given the facts you have presented, I do believe it will be difficult for you to get 50/50 custody of your child. However, you should consult with an attorney in your area.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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

I really feel I may have waited too long. I have been separated for over a year now. I have a daughter I have not seen since she was an infant. I told the mother to take my daughter and leave. My spouse has not answered any of my messages on her phone. But I did not start calling her until a few months ago. I have always know her post-office box number, but not her home address. She want give that to me because she is afraid, so she says. I want to see my daughter and I have made this clear to her thru messages on her phone. She will not respond. Here is why I am worried. She has filed for divorce and custody, she has an attorney. I have not paid ANY child-support since we separated. I felt if I couldn’t see my child then I wasn’t paying. Did I do wrong, will this effect me in court? How does judges act about this? Could I get my rights as a parent taking away? Could I have to pay back child support,if so, how long would I have to pay this? If I get an attorney and file for 50/50 custody what are my chances? I am sorry this post is so long, but I am “worried”. Thanks for any information you can give me.