Family Law

Ask a Family Law Question, Get an Answer ASAP!

Have your own Family Law question?

4 Lawyers are Online Now

characters left:

Not a Family Law Question?

Question

I had a son with a woman from a previous relationship. I only found out about the pregnancy after we had broken up, she moved to another town and was three months pregnant. No paternity test was ever given and my name was placed on the birth certificate. I had only seen the child once and was unaware of where the mother and child were even living. After some phone and email contact with the mother she ceased all communication with me after 2005. All I had was her parents address to which I sent $400 a month child support (not court ordered). I also sent Christmas and birthday cards to the child.

In Oct 2008 I received a summons for termination of parental rights in Iredell County, NC. I currently reside in WV. The grounds were willful abandonment. I tried searching for her based upon her name on the document as well as the child's name. I tried emailing but had no reply.

I contacted an attorney in NC who said he would represent me. I told the attorney that if this is what she wanted I was willing to sign over my parental rights. He had me send him the summons to which he said he would reply. I never saw the reply that he sent. The attorney did not get back to me until one day before the hearing. He told me that she had remarried and that her husband was going to adopt the child. He said that the hearing should be quick and that there was nothing to worry about.

I did not hear from the attorney the day of or after the hearing so I contacted his paralegal and she sent me a copy of the order terminating parental rights.

It stated that I had answered the summons admitting to the allegations and requesting the court to terminate parental rights.

The hearing apparently lasted 20 minutes. A Guardian Ad Litem was also representing the child although I never spoke with him.

My address and place of residence listed on the document is not even the correct state.

The document states that:

1. My reply that the attorney wrote was received.

2. That I have willfully abandoned the child for 6 months or more.

3. The guardian ad litem feels that my rights should be terminated in the best interests of the child.

The conclusions of law find that I have willfully abandoned the child and that there are sufficient grounds to terminate my parental rights.

My question is......if her husband was willing to adopt why did it not state this? Also, since I apparently admitted and requested the court to terminate parental rights, is that considered voluntary?

Also, why did my ex girlfriend use her maiden name when I later found out she was now married with a new last name and that is why I could not locate her?

I am asking this because I work a position that requires a security clearance and I am hoping that this will not affect it.

Was this done correctly?

Submitted: 297 days and 18 hours ago.

Category: Family Law

Value: $30

Status: AWAITING CUSTOMER ACTION

Mooresville, North Carolina

Already Tried:
It has all happened

Posted by PaulMJD 297 days and 18 hours ago.

Answer

This would not affect your security clearance. However, if the documents in the courts records are incorrect you would need to get the attorney who filed them to file a motion to correct the record, which will be tough. If you were voluntarily surrendering your rights for family adoption (which is what this is called) then the paperwork should have reflected this and it was up to the attorney you hired to make sure it was accurate and correct. If the attorney will not assist you in correcting the documents, you can file a complaint with the State Bar's office of disciplinary counsel, since the attorney has a duty to be truthful with the court and to correct any errors which he did not do. Also, you could consider a malpractice claim against the attorney if your security clearance is affected (which it should not be).

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

297 days and 18 hours ago.

Reply

May I ask why it was not mentioned on the order that there was someone willing to adopt, and why would the mother not contact me first?

Also, since it says willful abandonment on the order, even though it states that I am admitting to everything, is that considered voluntary or involuntary?

Answer

I say it should have been voluntary and if you informed this lawyer that you had been sending payments and trying to locate the woman, then it was not willful abandonment but a voluntary termination of your rights to allow for family adoption. You really need to get this attorney to get the record of the court straightened out and if he refuses, you need to contact the bar and perhaps a legal malpractice attorney as well.

Accepts:
Expert:	PaulMJD
Pos. Feedback:	99.0 %
Answered:	1/29/2009

Lawyer

JA Mentor - Experienced attorney

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Family Law

Have your own Family Law question?

Question

Optional Information

Mooresville, North Carolina Already Tried: It has all happened

Answer

Reply

May I ask why it was not mentioned on the order that there was someone willing to adopt, and why would the mother not contact me first? Also, since it says willful abandonment on the order, even though it states that I am admitting to everything, is that considered voluntary or involuntary?

Answer

Related Family Law Questions

Mooresville, North Carolina

Already Tried:
It has all happened

May I ask why it was not mentioned on the order that there was someone willing to adopt, and why would the mother not contact me first?

Also, since it says willful abandonment on the order, even though it states that I am admitting to everything, is that considered voluntary or involuntary?