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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36959
Experience:  30 years as a family law lawyer .
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Current situation... My sons father and I split up 1 year ago.

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Current situation... My sons father and I split up 1 year ago. Since then I have moved to North Carolina and his father is Mississippi. In a year, his father has only seen him once and that is because I flew to Chicago (where he was working in December) so he could see him. He has not called to check on him in over 2 months and with in the last week as started to say that he now wants to see him. He has never paid a dime to help with his care and my biggest fear is that if something happens to me my son would have to go live with this stranger. Thoughts?
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.

RayAnswers :

Thanks for your question and good evening.

RayAnswers :

You might have a case here for terminating rights in this situation.You would argue abandonment/non support in this situation.You could also do a will here naming another person as guardian of the child so that if you decease the person here such as your mother or some other relative can apply with probate court to be named guardian.You should do the will now and also talk to the family lawyer about filing for termination here.You may well have good facts to support termination of his rights.

RayAnswers :

tatute: § 7B-1111

Circumstances That Are Grounds for Termination


Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Failure to Provide Support



Failure to Establish Paternity

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

RayAnswers :

If you need a lawyer here is referral

RayAnswers :

he NC Lawyer Referral Service is a nonprofit public service sponsored by the North Carolina Bar Association Foundation. While using the Service you can be confident that you’ll be referred to an attorney who is in good standing, able to answer your legal questions and if necessary will provide representation. WE DO NOT MAKE REFERRALS TO PRO BONO, OR FREE, ATTORNEYS. Legal Aid of NC provides assistance for some legal matters for qualified individuals.


Attorney’s participating in the LRS agree to charge no more than $50 (price increase effective for referrals made beginning January 2010) for the first 30 minutes of the initial consultation. The NC Lawyer Referral Service is available to you by telephone (Call Center) or online (NC Find-a-Lawyer).


By contacting the Call Center, you will speak with an LRS specialist who will interview you to determine what area of law best fits your situation. In counties where no LRS attorneys are present, LRS will attempt to locate attorneys in nearby counties.


If you choose to use NC Find-a-Lawyer, you will proceed step by step through a brief questionnaire (name, county, area of law) which initiates the referral process. NC Find-a-Lawyer is available 24 hours a day, seven days a week and referrals are not subject to any review by LRS staff members.


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RayAnswers :

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Customer:

Thank you for the advice. What you have mentioned is what I have been told.

Customer:

I just need to do whatever it takes for my child to not be stuck with his father.

Customer:

Thank you for the above referral but I am going to see my best friends lawyer tomorrow.

Customer:

The info that you mentioned is the same that I have been finding online as well as told by friends that have gone through the same thing.

RayAnswers :

Good I think you have the right here to seek termination based on his failure to be involved.If not termination then he needs to pay regular support here.

Customer:

What really worries me is if he starts paying then he has rights to see him

Customer:

termination sounds better then anything

RayAnswers :

You might want to see if your friend's lawyer participates--it would be cheaper.And yes but the reality here is if he pays the court will award visitation.And you might gets some arrears in a support case because he hasn't paid anything to date.Retro support is a possibility.

RayAnswers :

Good luck to you and thanks for letting me help you tonight.Have a great evening.

Customer:

She is charging $175 for my consultation. $50 is sounding pretty nice :)

Customer:

Thanks

RayAnswers :

You're welcome

RayAnswers :

If you can click accept it is much appreciated.

RayAnswers and other Family Law Specialists are ready to help you
Expert:  RayAnswers replied 5 years ago.
Have a great evening.

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