Legal Question in Family Law in North Carolina

I have a question on how to get my children's father's to sign over their rights.

First my son is 5 years old, and his Biological Father has not seen or had ANYTHING to do with him since I was 8 months pregnant, living in MI with him and he kicked me out. I live in my hometown state, North Carolina, my son was born here. His Biological Dad does not believe he is his and never wants to see him or have anything to do with him for almost 6 years! Yet...he says if proven to be his, he wants to have joint custody, haha..I don't think so. I want to get rid of his rights, and not have to deal with anything. We were never married, and his name is not on the BC. My son has my last name.

Next is my Daughter, she is 3 1/2 years old, and her Biological Father is VERY abusive, he "shook" her when she was a baby out of anger (thank God she is okay) His family members also "tossed" her out of a window to him and he STOLE her from me. I called the cops, and it IS on file. I got full custody of her after this, (he signed willingly) and he then broke into my house, beat up my friends, and was arrested...again. He has a AWFUL criminal record with violence even with me, so it's all recorded. He tried to take me back to court to get joint custody....yea right. I said NO! My lawyer at the time...who is a BAD lawyer, said I don't have a choice, it had been two years, and he had not done anything bad, so I had to agree. After I spent over $5,000 in lawyer fee's and we "agree" that he can see her with SUPERVISED visitation (I said no, and my lawyer said I had to), he never contacted me OR my lawyer again. It has been a year, and still nothing (thank God)...but I just DO NOT want to have ANYTHING to do with him, he and his family stalk me, etc. I want to not have to "hide" my daughter in fear of her safety anymore, and definitively get his rights GONE! His had NEVER been there or got her any presents for one of her Birthdays...or Christmas or any other holidays. He has NEVER given me a dime of any money to help raise her...other then $40.00 one time 2 years ago. I never filed for child support, because I do NOT want anything to do with him. He unforgivably is on the BC and she has his last name. I am VERY concerned for her safety, and no one seems to care. Please help me!

Thank you.


Asked on 7/11/11, 1:33 pm

1 Answer from Attorneys
Bob Bollinger Bollinger Law Firm PC

You can file papers to terminate the rights of the son's dad. You should win that one.

Perhaps you should go back to court on your daughter and either get a child support order entered to make him support her, or ask the court to terminate his visitation since he has not used it. Or both. If he fails to visit or pay support, you can eventually file papers to terminate his parental rights also.

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Answered on 7/15/11, 2:28 pm


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