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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 someone willing 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: 298 days and 7 hours ago.
Category: Family Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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Mooresville, North Carolina

Already Tried:
its happened

Answer

Thanks for your question. This should not affect your security clearance. It is doubtful to me that they can even access this. The files were likely sealed after hearing and would be forever sealed and confidential.

They apparently terminated your rights here. They have to make these kinds of findings to do so. If you fail to appear her then the court proceeded and evidence was submitted to make findings on this basis. I realize that some of this was factually untrue.

But without you being ther to rebut there was apparently some evidence that was presented by the party present and her lawyer to make such findings. By this should have no impact her on your clearance whatsoever. I wish you good luck in your career here.

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Expert: RayAnswers
Pos. Feedback: 98.5 %
Accepts: 
Answered: 1/29/2009

Lawyer

25 years as a licensed attorney handling family law matters including divorce, child support, etc

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