Legal Question in Family Law in Minnesota
disolving father's rights
if a father was convicted of a felony for hitting his 16 month old son, how easy would it be terminate his rights as a father? He lives in MN. The baby was born in MN, and has relocated with mom, who has sole and legal custody, to NC. They were never married, mom wants nothing from him and has never asked for anything,and never will. The father would want to see his son, but to avoid child support, will not ask for a blood test, and is waiting out his five year probation before he tries to establish paternity. (why pay for a child if you can't see him) If mom asks for paternity, she gives the father rights and the upper hand for eventual visitation. She does not want to be the one to ask for paternity for this reason. Mom understand that disolving his rights cuts all ties forever, and thats okay. How easy would it be for him to fight it?
1 Answer from Attorneys
Re: disolving father's rights
Abuse and neglect are grounds for terminating parental rights. Abandonment and failure to support are other grounds. See N.C. Gen. Stat. 7B-1111 (http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_7B/GS_7B-1111.html )
I caution you strongly to consider this action. The child will need support and terminating parental rights terminates that support.
It is not just about what you want but what is best for the child.
My initial thoughts are to get a child custody order that vests sole custody in you and prevents visitation with the father or allows only supervised visitation until the father obtains appropriate parenting skills and the child's safety is ensured. Another option would be to get a domestic violence protective order as the parent/guardian ad litem in favor of the child preventing contact with the abuser for one year. Once obtained, this can be renewed.
And also get a child support order requiring the father to pay support. If you don't want/need the money, consider a 529 College Savings Plan....
I just see parents move too quickly to want to terminate rights sometimes....
The idea that paying child support entitles him to visit is simply not the law. You can ensure the child's safety and ensure the child's financial security at the same time.
As always, I encourage you to talk with a licensed NC attorney about the particulars of your case. The NC Bar Association will refer you to an attorney for a 30 min consultation that will only cost $30 (see http://www.ncbar.org/public/lrs/index.aspx ).
If you choose to represent yourself, our law firm offers a Virtual Law Firm whereby we can help you with all the paperwork. See www.RiceFamilyLaw.com
Best wishes,
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