Legal Question in Family Law in North Carolina

My ex and I have a 4 year old daughter together. He left North Carolina 2 almost 3 years ago, for new york. In the years he has been sporadically in contact with her. From Feb. 2014 to June 2014 he talked or skype with her a handful of times. He also sent two child support payment. Of 75 dollars each. From June 17, 2014 to November 2014 no contact whatsoever and he sent an text message June 16, 2014 stating he had cut himself and wanted to sign over rights because he was unfit. In the beginning of june 2014 he called stating he couldnt pay the 75 dollars because of bills and an accident he had. We told him he could forego child support until he got a car so he could visit his daughter. He was able to help provide for his girlfriend son from Feb 2014 to Oct. 2014 until they broke up.

November 2014 he talked to her via skype for 3 times and then he quit talking to her until january 2016. Since January he has talked to her about 10 times. He has made it abundantly clear that his Son and new fiance comes first and he may talk to his daughter. He has not offered to support his daughter and only talks when convient. Is there anyway to have his rights relinquish so he doesnt continue this trend of not supporting and being out of his daughter life for stretches at a time. We also would love for my husband to adopt her, because he has been the one who has nearly solely provided for her without fail for 2 years.


Asked on 6/03/16, 1:38 pm

1 Answer from Attorneys

Yes, hire an attorney and file a Petition to Terminate Parental Rights. If granted you can then proceed with an adoption. Two year is likely not enough time to terminate his rights without his consent so you may want to contact him and see if he will agree to consent to it - that will make things much easier. If he refuses to consent, you may need to get nasty and start hammering him for child support and then remind him that child support stops if he consents to his rights being terminated. Best of luck!

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Answered on 6/04/16, 11:38 am


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