My ex husband has willingly stopped seeing our children for almost 15 months, with the only contact being one phone call on their birthday. He has also stopped paying child support for 2 months thus far.
From my understanding I can have his rights removed if he has not seen the children willingly for 1 year.
How can I go about this?
I am currently going through a partition for the martial property. I am concerned the partition will anger him and for the safety of my children I would like to have his rights removed. I am not sure if this is something I proceed with on my own or if I would really need to seek counsel.
You can seek a custody order by filing a complaint for child custody against the father or, if eligible, you can seek a termination of parent rights order by filing a petition to terminate the parental rights of the father.
You would be eligible for a termination of parental rights order if the father has “willfully abandoned” the minor children for at least six consecutive months.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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