Thanks for your question and good evening.
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.
tatute: § 7B-1111 Circumstances That Are Grounds for Termination Abandonment or Extreme Parental DisinterestAbuse/NeglectMental Illness or DeficiencyAlcohol or Drug Induced IncapacityFailure of Reasonable EffortsAbuse/Neglect or Loss of Rights of Another ChildFailure to Provide Support
Failure to Establish PaternityChild Judged in Need of Services/DependentChild's Best InterestChild in care 15 of 22 months (or less)Felony assault of child or siblingMurder/Manslaughter of sibling child
If you need a lawyer here is referral
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.
NEED A LAWYER AND DON'T KNOW HOW TO FIND ONE?
If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.
Thank you for the advice. What you have mentioned is what I have been told.
I just need to do whatever it takes for my child to not be stuck with his father.
Thank you for the above referral but I am going to see my best friends lawyer tomorrow.
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.
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.
What really worries me is if he starts paying then he has rights to see him
termination sounds better then anything
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.
Good luck to you and thanks for letting me help you tonight.Have a great evening.
She is charging $175 for my consultation. $50 is sounding pretty nice :)
If you can click accept it is much appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).