Relinquishing Parental Rights

[npowers]

What is the name of your state?
In NC, I just had a baby, not married, father is not a US citizen and wants to relinquish parental rights/responsibilities. His name is not listed on the birth certificate. What further steps can I take to make this legal? My fear is that he will change his mind years from now, and/or I will lose contact with him, and/or he will want to take my baby out of the country, and/or his parents will find out and want to get involved. Please advise.

 

[tigger22472]

In order to terminate rights he would first have to have some. In order to do that paternity must first be established. Even then it is up to a judge if it will be allowed or not.

 

[westcoastdaddy]

also

there would have to be a stepparent willing to adopt the child.

 

[tigger22472]

there would have to be a stepparent willing to adopt the child.

NO there would not!!! STOP giving bad advice!!!!!!

In NC they DO NOT require a step-parent to adopt in order to reliquish rights.

 

[LdiJ]

What is the name of your state?
In NC, I just had a baby, not married, father is not a US citizen and wants to relinquish parental rights/responsibilities. His name is not listed on the birth certificate. What further steps can I take to make this legal? My fear is that he will change his mind years from now, and/or I will lose contact with him, and/or he will want to take my baby out of the country, and/or his parents will find out and want to get involved. Please advise.

He can't relinquish what he doesn't have....and right now he isn't the legal father of the child.

Although NC doesn't specifically require a stepparent adoption in order to relinquish parents rights, there is still always a possibility that an individual judge won't allow a termination for one reason or another.

It may be best to leave well enough alone.

 

[MandyD]

"It may be best to leave well enough alone."

My thoughts exactly. Or in the words of my son-in-law, don't poke the bear.

 

[Content]

"It may be best to leave well enough alone."

My thoughts exactly. Or in the words of my son-in-law, don't poke the bear.

Just realize if you go on state aid of almost any form they will require you to provide daddy's name and quickly. Which means he will have to pay cs and will probably also file for visitation as well. If you really want the guy gone, don't file for cs, and don't go on state aid.

 

[Grace_Adler]

"Although NC doesn't specifically require a stepparent adoption in order to relinquish parents rights, there is still always a possibility that an individual judge won't allow a termination for one reason or another."

In response to this, TPRs in NC go before the Clerk of Court, not a judge. And as long as you file on the grounds allowed by the state, there usually is no debate over this and they allow it with no problem.

"Just realize if you go on state aid of almost any form they will require you to provide daddy's name and quickly."

While this is true, if you don't know the father's name, the state won't refuse you aid, but if you know it and withhold it, then they can refuse it I believe.

§ 7B‑1111. Grounds for terminating parental rights

a) The court may terminate the parental rights upon a finding of one or more of the following:


(5) The father of a juvenile born out of wedlock has not, prior to the filing of a petition or motion to terminate parental rights:

a. Established paternity judicially or by affidavit which has been filed in a central registry maintained by the Department of Health and Human Services; provided, the court shall inquire of the Department of Health and Human Services as to whether such an affidavit has been so filed and shall incorporate into the case record the Department's certified reply; or

b. Legitimated the juvenile pursuant to provisions of G.S. 49‑10 or filed a petition for this specific purpose; or

c. Legitimated the juvenile by marriage to the mother of the juvenile; or

d. Provided substantial financial support or consistent care with respect to the juvenile and mother.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_7B/GS_7B-1111.html


There are more grounds listed at that website but these are the ones listed regarding paternity.


Your other option is to get a custody order, requesting sole custody and have put in the order he is not allowed to take the child out of the country and any other stipulations you deem necessary. If you do this TPR, just remember that it is permanent and if things change and you need child support or something, you won't be able to get it.

 

[usisecurity]

From Indiana....
Sorry if high jacking thread..
My question is app 2 years ago, a girl claimed to be pregnant with my child.
She left town prior to birth.....I think I found her. How long do I have before any paternity rights I may have before they are terminated. I am interested in a paternity dna test, but wonder if I am under some dead line. If it matters, baby was born in TX, mother and baby are now in AR. Thanks...

 

[Rushia]

From Indiana....
Sorry if high jacking thread..
My question is app 2 years ago, a girl claimed to be pregnant with my child.
She left town prior to birth.....I think I found her. How long do I have before any paternity rights I may have before they are terminated. I am interested in a paternity dna test, but wonder if I am under some dead line. If it matters, baby was born in TX, mother and baby are now in AR. Thanks...

Hon, it's best to start your own thread. That way the issue doesn't become confused between two posters.

 

[npowers]

Thank you all for the advise. I'm only seeking temporary state support, which does not REQUIRE me to seek child support. It seems my best options are to either let it be, since proof of paternity is up to the father, or to seek sole custody.