Post divorce issues & parental alienation


#1

Your husband cannot terminate his own parental rights, parental right can be relinquished when there is another person waiting to adopt the child. If no one wishes to adopt her he would only lose his parental rights if the state took them from him. If there are financial or visitation issues that have not been resolved, your husband could certainly go to court to address these issues.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

We don’t know if ex-wife’s new boyfriend/finance is willing to adopt her. The daughter is, after all 16 1/2 and wants her dead father’s name back. The daughter also asked the question if she could become emancipated from one parent (meaning dad?) Mother and daughter have requested, in writing, that they also want him to quit paying child support so they will never have to have any contact with him again. Can they ask the court to terminate child support? He pays it directly to her, doesn’t go through CSE. Has never missed a payment.

As you can see, they want nothing to do with him. We thought about going back to court to fight custody and visitation and figured we had a good case for alienation of affection but wondered with her anomosity towards him what kind of a relationship would it be if she had to have forced visitation or even live with us. Ugly situation. Don’t know which way to turn.

Thank you.

quote]Originally posted by Helena Nevicosi
[br]Your husband cannot terminate his own parental rights, parental right can be relinquished when there is another person waiting to adopt the child. If no one wishes to adopt her he would only lose his parental rights if the state took them from him. If there are financial or visitation issues that have not been resolved, your husband could certainly go to court to address these issues.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
[/quote]

CDD


#3

We don’t know if ex-wife’s new boyfriend/finance is willing to adopt her. The daughter is, after all 16 1/2 and wants her dead father’s name back. The daughter also asked the question if she could become emancipated from one parent (meaning dad?) Mother and daughter have requested, in writing, that they also want him to quit paying child support so they will never have to have any contact with him again. Can they ask the court to terminate child support? He pays it directly to her, doesn’t go through CSE. Has never missed a payment.

As you can see, they want nothing to do with him. We thought about going back to court to fight custody and visitation and figured we had a good case for alienation of affection but wondered with her anomosity towards him what kind of a relationship would it be if she had to have forced visitation or even live with us. Ugly situation. Don’t know which way to turn.

Thank you.

CDD


#4

Parental aleination is one of the hardest things I see in my practice. Ultimately, the child suffers and that is the saddest part. You mentioned alienation of affection in your post, unfortunatley, that only applies to the aleination of the spouses affections and not the child’s. If they do not wish for your Husband to pay child support anymore your Husband and his ex can enter into a consent order terminating child support, that will be much easier than attempting to go through a hearing for termination of parental rights.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

I went on the North Carolina Courts website and found form AOC-CV-615, Consent Agreement and Order to Modify Child Support Order, is this what they would sign? Thank you.

CDD


#6

If you are agreeing to modify the support, then you would use that form.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#7

My husband and I have been married approx 8 mo. We are still dealing with his ex-wife, who were divorced in 1999, but then reconciled shortly after that and lived together for another 5 1/2 years before she threw him out in June 2005 (didn’t want his son from previous marriage living with them.) Long story short, he didn’t get a lawyer when they originally divorced and she did. Her lawyer didn’t address many issues in the separation agreement and now they are creating problems as to who owes for what. He adopted one of her children but since the split in 2005, she has done everything to interfer with his visitiation, communication w/the child, basically poisening the child’s mind against him. The separation agreement states that if they reconcile that the agreement is recinded and becomes null and void. Should they have another agreement drafted and if so, can they address issues that were not previously addressed, for example health insurance premiums/bills for the child? Also, the child is now 16 1/2 and no longer wants him to be her dad. Both mother and daughter have asked him, in writing, to have him removed as the father, recind the adoption or terminate his parental rights (however that is done in NC.) She has prevented him from seeing the child for over a 1 1/2 years and has now changed the daugther’s cell phone #, email address and revoked his ability to contact her at school. How does one go about terminating parental rights of an adopted child? We have called lawyers in Fayetteville and cannot get anyone to call back with an answer and need to get this resolved. thanks

CDD