Parental Rights


#1

Hi,
Not an attorney here but from what I understand, he can not just terminate his parental rights b/c he doesn’t want to pay child support. His ex wife would have to agree and they would still have to go to court. Also, if parental rights were terminated he would also have no rights to ever see the kids again. Not many people want to pay child support but he has to!
I do know that my ex husband tried to terminate his rights b/c he didn’t want to pay child support and he was “LAUGHED AT AND SHOT DOWN QUICK”.
Hope my little 2 cents worth helps.


#2

Actually he’s not trying to get out of paying child support. My husband voluntarily agreed to pay the amount he pays in child support (which is much more than the courts required) However he agreed to pay this amount so that the lifestyle of the children would not change after the divorce. However it has, even though she’s getting the child support on a consistent basis, the kids still continue to ask for their basic needs. He has tried talking with their mother but she simply states she has “other” bills to pay with that money and she doesn’t see why we can’t provide the kids with what they are asking for-I receive child support from a previous marriage as well-isn’t that what the child support is for-provideing the needs of the kids? I work to pay my “other” bills, she does too-work that is-and I might add-has a very good job. I just think it’s mis-management of money. I just don’t think that my husband should have to pay child support that goes towards her personal bills and they provide all of the needs of the children as well. I do underatand that things come up, however when a person decides to pay “high” cell phone bills, purchase wide screen TV’s … eat out everyday vs cooking-see where I’m going with this? Child support should be for the kids-not for the personal use of mothers-this includes myself-I don’t expect my ex-husband to provide for me-prior to me getting re-married, I didn’t expect it then. I’ve always worked, paid my own bills and used child support to assist with the welfare of the children. Whether I had children or not, I would have ent to pay, car note, credit card bills etc-again it’s not that he does want to pay child support, he just wants the kids to benefit from it.

Concerned wife


#3

HI

I really do understand exactly what you are saying, we are in the same thing here. My ex husband pays ALOT of support and we are hardly making it while she (his ex) drives a new saab, just sold her 200000.00 home b/c she could not afford the payments and bought a 350000.00 home while buying the big screens dressed perfect and then we buy the kids airfare so we can see them and they have on rags with shoes that they have owned for 3 years that I know of (falling apart) etc. and she’s wanting us to pay so much more (medical/dental, sports, motorcycle parts) So I really do understand and its a hard situation to deal with. If you really think that he is paying alot more than he should I would suggest getting a court ordered child support issued. Do consider that he may be responsible for medical/dental, sports etc and see if you can decrease the amount that way but I don’t see that terminating rights is an option here and don’t think he should if he wants any type of relationship with his kids. Unfortantly, she has the right to pay the bills or whatever with the support money. Doesnt seem hardly fair I know but it’s just that way. :frowning:
GOOD LUCK in whatever you guys decide to do!


#4

Thanks for the input-he loves his kids so much-and he knows that they would be better off with us-but you how the system works…we have discussed it further, and he is going to seek a child support modification-hopefully this will get the amount decreased where it’s actually affordable for us. Again thanks and good luck with your situation as well.

Concerned wife


#5

Dear lenell91169:

Greetings. He does not have the right just to relinquish his parental rights. If the other parent is not willing to allow this, it is not going to happen. Sorry.

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.


#6

We figured as much…we are going to seek a modification-thanks.

Concerned wife


#7

You cannot voluntarily relinquish parental rights. He would not even be eligible to file a petition to terminate parental rights, only the custodial parent or an agency seeking custody. In order to request termination, the person doing so, must show that the other parent has abused the child or abandoned the child. Either way, the parent wishing for his/her rights to be terminated is ineligible to file.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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.


#8

Thanks everyone for the input -we have been in contact with an attorney and my husband’s child support will be modified and AFFORDABLE! Again thaks for all the input.

Concerned Wife

Concerned wife


#9

What does the law state in North Carolina about voluntarily relinquishing parental rights? This is something my husband is considering in regard to his children from a previous marriage. Not because he doesn’t want to take care of them but due to the fact that financially is paying more than he can afford and the children are constantly asking him to provide their basic needs. The children claim that their mother tells them that he does not pay child support. He would rather not be under the order of their divorce/child support decree and just purchase the things the kids tell him they need. Legally where does he stand?

Concerned wife