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S
Sandman-XX
Guest
TPR
I was thinking of NC at the time. I see several posts about TPR stopping CS and things.
I was thinking of NC at the time. I see several posts about TPR stopping CS and things.
Grace_Adler
Senior Member
Sandman,
In the state of NC, a TPR does stop CS and all other rights and obligations. It terminates the right to visitation, custody and child support. It does not however, terminate any arrears owed. If any arrears are owed solely to the CP, the CP does have the power to forgive those arrears if they choose to do so. If the arrears are owed to the state, then they must be paid. There is no way around that. It is as if the parent, whose (sp?) rights were terminated, were never their parent. Theoretically, all that is erased.
The only thing it does not terminate, is the child's right to inherit through their biological parent whose rights were terminated. However, if the child were adopted by say a stepparent, then the rights to inherit through the biological parent would end but they would then be eligible to inherit through the person who adopted them.
If both parents are in agreement, TPRs are easy to do in this state. If not, it just depends on the clerk of court, that's who TPR's are done through. It is much easier to get it done if there is someone willing to adopt. 2 years of no contact would be grounds to terminate based on abandonment. If the TPR is voluntary and both parties agree, then you don't have to have any grounds to file on. The person who needs to file is the one who wants to terminate the other's rights. If it is not voluntary, it will be an uphill battle and may not go through. I'm not saying it won't, it is just difficult sometimes.
In the state of NC, a TPR does stop CS and all other rights and obligations. It terminates the right to visitation, custody and child support. It does not however, terminate any arrears owed. If any arrears are owed solely to the CP, the CP does have the power to forgive those arrears if they choose to do so. If the arrears are owed to the state, then they must be paid. There is no way around that. It is as if the parent, whose (sp?) rights were terminated, were never their parent. Theoretically, all that is erased.
The only thing it does not terminate, is the child's right to inherit through their biological parent whose rights were terminated. However, if the child were adopted by say a stepparent, then the rights to inherit through the biological parent would end but they would then be eligible to inherit through the person who adopted them.
If both parents are in agreement, TPRs are easy to do in this state. If not, it just depends on the clerk of court, that's who TPR's are done through. It is much easier to get it done if there is someone willing to adopt. 2 years of no contact would be grounds to terminate based on abandonment. If the TPR is voluntary and both parties agree, then you don't have to have any grounds to file on. The person who needs to file is the one who wants to terminate the other's rights. If it is not voluntary, it will be an uphill battle and may not go through. I'm not saying it won't, it is just difficult sometimes.
S
Sandman-XX
Guest
question...
Then, what if the BF wanted to terminate parental rights voluntarily? When there is already a legal guardian who has custody? And.. does the legal guardian need to be involved, or even know about it? No arrears are involved, all CS is up to date.
Then, what if the BF wanted to terminate parental rights voluntarily? When there is already a legal guardian who has custody? And.. does the legal guardian need to be involved, or even know about it? No arrears are involved, all CS is up to date.
Grace_Adler
Senior Member
Chances of the biological father getting his rights terminated without the consent of the biological mother are slim to none. She would really be the one who needs to file, not the biological father. I really don't see it flying in court if the bio father is the one to try and file without the consent of the mother.
I'm not sure if the legal gaurdian would need to be involved. Usually when someone relinquishes their rights, the person who is in agreement with it, is the one who has sole legal and physical custody. You really need to check with an attorney or paralegal on that one.
I'm not sure if the legal gaurdian would need to be involved. Usually when someone relinquishes their rights, the person who is in agreement with it, is the one who has sole legal and physical custody. You really need to check with an attorney or paralegal on that one.
Thank GOODNESS I found this site!
although an old post this could be ME!
I live in Kansas and have been on the phone and searching the net for the downloadable form for Voluntary Relinquishment of Parental Rights..... and this is the first place I've found legitimate discussion...
I have been told that Child Law is "Secret" and the forms will be hard to find.
Thanks again! I'm off the search the forums now for more info on this subject.
although an old post this could be ME!
MANY and MUCH thanks to all the great answers on this thread.. I have read all four pages now...ahni said:
I live in Kansas and have been on the phone and searching the net for the downloadable form for Voluntary Relinquishment of Parental Rights..... and this is the first place I've found legitimate discussion...
I have been told that Child Law is "Secret" and the forms will be hard to find.
Thanks again! I'm off the search the forums now for more info on this subject.
help me understand this/TEXAS
I am writing for my husband. I have a 17 year old step-son who is not living with his custodial mother (she kicked him out) but is still receiving his child support. He needs the money to live on but she will not relinquish it. She has gone so far as to tell him it is back child support and does not belong to him. My other step-daughter is 14 and pregnant she is hopping back and forth between her aunt's (maternal) house and her baby's daddy's residence. Now what can we do so that the 17 year old can get his own money. And also should we still ahve to send the mom payments for children whom do not reside with her? And is my husband able to relinquish paternal rights on his daughter since she is an adult starting her own family? Thanks in advance for any advice...
I am writing for my husband. I have a 17 year old step-son who is not living with his custodial mother (she kicked him out) but is still receiving his child support. He needs the money to live on but she will not relinquish it. She has gone so far as to tell him it is back child support and does not belong to him. My other step-daughter is 14 and pregnant she is hopping back and forth between her aunt's (maternal) house and her baby's daddy's residence. Now what can we do so that the 17 year old can get his own money. And also should we still ahve to send the mom payments for children whom do not reside with her? And is my husband able to relinquish paternal rights on his daughter since she is an adult starting her own family? Thanks in advance for any advice...
Just Blue
Senior Member
My advice to you is to start your own thread instead of hijacking one that is 2 and a half years old.
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