X-wife nightmares - giving up adopted child rights


#1

You cannot give up your parental rights, they must be taken from you.

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

What if my ex-wife were the one wanting to strip me of my parental rights, would the courts allow it if she didn’t have another father figure for the child? I hear the courts base it on what’s best for the child, would they allow that?


#3

Instead of giving up on the child because of her mother’s actions, have you thought about taking her to court for visitation and possibly a change of custody?

When you adopted that child you became her father and I believe that even IF you signed over your rights your obligations financially continue unless the kid is adopted yet again by someone else. (That’s how it worked in the state I moved from)

Consider every option, if it’s as bad as you say maybe your daughter is better off with you.


#4

If the conflict between you and your ex-wife is so great that it is causing distress for your daughter, there are may remedies you can consider short of abdicating your parental rights, one of them would be seeking the assistance of a parent coordinator.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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 have an 8yr old adopted daughter, she is my ex wife’s biological daughter and after her biological father wuld not support her, I decided to adopt her.

Problem is, after divorcing her mother last yr, in an absolute divorce, I then went on to marry my current wife 2 months later and my ex was not happy. She has repeatedly threatened both mine and my current wife’s lives. She does not allow me to speak to my daughetr, she leaves voicemails on my phone saying that I am not her daughetr’s father and will never be, I’m not allowed to see her as long as I’m with my wife. My wife is black and my exwife uses racial slurs and insists as long as I’m with my wife, I will have nothing to do with her daughter.

We are obviously not getting along, this has been a nightmare and after several months of trying to get in contact with my daughter it’s been fruitless and I can’t afford to go fight for visitation rights since I now reside on a different coast. I would like to give up my rights as a father all together- is this possible without another father adopting her? And can I use the evidnence of threats in the courts to my advantage? How can I get out of this? please help. My life has been like hell since the divorce and I constantly wonder if she is going to make good on her threats.