Parental Rights


#1

Hi,

I posted a silimar question not long ago and was told by the attorney here that I may be able to terminate parental rights if the absent parent has not paid child support and/or contacted the children in 1 consecitive year. (which I will be doing since it’s been 4 1/2 years of no contact).
However, you do need to realize that once you do that you will NEVER again be entitled to child support which is often a big issue for most people but if you’re not getting it or don’t want it they you may have grounds for terminating.

Good Luck,
Kathy


#2

Dear labunski:

Greetings. First, you should have filed claims for alimony and post separation support in your divorce complaint. Yes, his abandonment (if he has not paid any child support) is grounds for termination. The process can also be expensive though and since he is not coming around, and you clearly need the funds you receive in child support, I would advise against this. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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.


#3

My ex left me and my three small children here in this state (NC) 6 years ago, with no separation agreement, no child support, and no custody arrangement or divorce in place. I was abandoned here after being a stay at home mom for 9 years, left to figure out a way to support myself and the three kids. I had no money for an attorney and it took me 5 years to finally track him down through Chlid Support Enforcement and get court ordered child support, after he moved between Vermont and Alaska and NJ. I finally filed for a simple divorce last year. Is abandonment grounds for the loss of his parental rights? He also has a past history of sexual abuse towards his teenage step daughter (my oldest daughter) - the disclosure of which was the grounds for our separation in the first place. Thank you.

Liz Labunski
Charlotte, NC