Legal Question in Family Law in North Carolina
hello,
me and my ex-wife have a three year old girl, whom she has never let me see. she remarried and recently, contacted me and wants me to sign over my parental rights of the child so her husband can adopt her. i have been paying child support by a court order and have never missed a payment. i do know that weather or not i will still have to pay child support is dependent on the judge.
I am in school full time and also work, the man my ex wife married makes over a hundred thousand a year. what are some of the things the judge will take into consideration when the adoption takes place on weather i will be unbound by my monetary obligations set in-place. this is taking place in North Carolina, any help would be appreciated.
1 Answer from Attorneys
If your parental rights are terminated you will not have to pay child support. That is the way it is and that is not determined by a judge. Your parental rights can be terminated with your consent or if you do not consent, your ex may move forward with a hearing to terminate your parental rights basd on the fact that you have never visited with the child. You should get notice of any such hearing and if you appear and contest the termination and state that you would have liked to visit with the child but your ex refused - most judges would not terminate your rights. By the way you can force your wife to give you visitation in most circumstances.
If you do not care if your rights are terminated and simply want to avoid paying future child support then you can consent to it. However, if it were me, I would not consent to the termination of parental rights until all the child support that had ever been paid or at least some significant portion was returned to me. Especially, if you would have prefered to see the child and your ex-wife simply refused the visitation.