Visitation


#1

I don’t believe that you can relinquish your own parental rights, they must be taken away. If you are not allowed to see or visit with your child due to a court order, then you may be able to request the rights taken…
If you are not allowed to see of visit with your child due to your ex, then you have something to work with. Legally, your ex can not keep your child from you even if you have no custody agreement/order in place. If you are not yet divorced and do not have custody agreement or court order, then you have equal amount of custody as your ex. Even with the other parent having primary custody in NC you would still be allowed visits at school or by phone as much as once a day. You have rights to school/medical records. You have right to visit your child, and if that right is being withheld for any reason other than a legal one or by anyone other than the court/DSS then your parental rights are being violated.


#2

No, the reasons you listed would not be a basis to relinquish your custodial rights, unless there is a court order requiring you to stay away from your child and then you may have more of a basis for such an act.

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.


#3

My question is, if I am not being aloud to see my child, talk to him on the phone, go by his school, or anything. Could I relinquish my rights?

James Thomason Sr.