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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. (She cashed all the checks)

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 (my parental rights terminated) 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. (I didn't even know what date the hearing was scheduled until he called). He told me that he had read the order and that someone was 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: 294 days and 21 hours ago.
Category: Family Law
Value: $15
Status: CLOSED
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mooresville, North Carolina

Accepted Answer

Thanks for your question. This is a civil matter. It shoudl not affect your clearance in any manner. since you did not appear here the court apparently heard evidence and made findings here. I understand that this was not factually correct herre. but nonetheless they did so,

By passage of time the termination has become final. the adoption here woudl have been heard at the same time but separate proceeding. You woudl not have gotten copies here becasue you were terminated at that point. all records here have been sealed and woudl not be available to anyone including the government.

This should not affect your clearance in my mind in any way and I am extremely doubtful that they will have any access to the records. I hope that this gives you some peace of mind here and my sympathy for the situation.


 

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Expert: RayAnswers
Pos. Feedback: 98.5 %
Accepts: 
Answered: 2/2/2009

Lawyer

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

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