It has been since Jan 7th of this year since my ex has seen the kids. He has willingly either requested to cancel his weekend or just has made no contact to try. He is now starting to pay less in child support and if he does pay it is on a day he chooses (we do not have this through CSE, it was done in court in a different county than we live in). I have been considering going forward with a Partition (since I am still tied to the marital house he lives in and he will not refinance). I understand this is done through the clerk of court. However, I was wondering if there is a way I can do the partition and perhaps request that he relinquish is rights. Is that a possibility? If I choose to start this process I would like to just find a way to wrap things up as effectively and affordably as possible. I am struggling without child support and the kids are confused why he stopped seeing them and I feel as though the partition to get the equity and just be done with custody and child support altogether would be best.
If you are divorced and do not have an equitable distribution claim pending, then to divide the real property, you will have to initiate a petition to partition to land. This is separate from a termination of parental rights petition.
The father’s parental rights can be terminated if, among other reasons, he has willfully failed to pay child support for one year and you have been awarded custody by a court order or he has willfully abandoned the minor children for at least 6 months.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
We are divorced and there are no claims pending. He has willfully stopped seeing the children for 8 months thus far.
The partition would be in effort to remove my name from the marital home and obtain some financial sustainability if it was possible to have removal of his rights due to his absence in seeing the children and the inconsistency of the child support.
I understand they are handled separately. I guess my question would be is there some kind of proposal I can issue to him through the attorney at the same time to request/negotiation that in lieu of the partition to relinquish his rights. Or would this be something I would have to go straight to trial for?
I just wanted to see if there was a way to possibly handle this and avoid court.
You can negotiate and attempt to resolve this out of court, however, the termination of parental rights will eventually have to go through the court process, regardless. And if you bring up termination of parental rights to the father, it is possible that he will want to start seeing the children again.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.