Ok, first off, no, they don't have to have proof you recieved it the summons. If someone took it on your behalf then they consider you served. Been down that road. Next time someone comes looking for you to get you served, you tell the person to tell the Sheriff they will not accept it. Their name is not on that summons so I would tell them that, tell them to have a nice day and shut the door. There is no law saying they have to take it and the Bar Association and Legal Aid told me to do the same thing.
Second, they can't terminate your rights because you haven't paid child support in 6 months. The law specifically says 1 YEAR of not paying child support is grounds, NOT 6 MONTHS, so you can fight that. Also try to get the cancelled check to take to court to show proof it has been paid. You also need to find out where to send support to.
If you want copies of everything, get the case numbers from your Dad, go down to the courthouse where they keep these records, look it up and tell them you want copies. Of course it will cost you.
Make sure you go to court! Do not miss it! Ask for a continuance because you are trying to get an attorney. Better yet, tell them you need a court appointed one since you have the right to one in this matter. If you are not qualified to get one (you have to qualify to get a court appointed attorney) then ask for the continuance.
Call the NC Bar Association Lawyer Referral, try to go ahead and get a consult. If you call them, tell them you need a family law attorney in whatever county the case is in and you will only have to pay $30 or $35 for the consult. It's 1-800-662-7660.
I would also go to court and request more visitation and make sure you set up specific days and times and stuff. You should have talked to a private family law attorney instead of the DA. Always get a second opinion anyway.
I'm going to give you some websites and I want you to research them thoroughly so you can educate yourself so that they don't walk all over you.
[url]www.ncchildsupport.com[/url] This has the guidelines, worksheets and it tells how much support you should be paying based on your income.
[url]www.deltabravo.net[/url] It has good info on all aspects of family law, so does [url]www.findlaw.com[/url]
[url]www.nccourts.org[/url] or [url]www.nccourt.org[/url] not sure which one. It provides forms if you need them.
[url]http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl[/url] the state website to the state statutes.
By the way, if somehow your rights do get terminated, you are no longer responsible for child support. So whoever is collecting it, you will need to send them a copy of the court documents stating your rights were terminated.
You may want to look at this. I guess they would be considered the child's legal gaurdian?
§ 7B-1103. Who may file a petition or motion.
(a)A petition or motion to terminate the parental rights
of either or both parents to his, her, or their minor juvenile
may only be filed by one or more of the following:
(1) Either parent seeking termination of the right of
the other parent.
(2) Any person who has been judicially appointed as the
guardian of the person of the juvenile.
(3) Any county department of social services,
consolidated county human services agency, or
licensed child-placing agency to whom custody of
the juvenile has been given by a court of competent
(4) Any county department of social services,
consolidated county human services agency, or
licensed child-placing agency to which the juvenile
has been surrendered for adoption by one of the
parents or by the guardian of the person of the
juvenile, pursuant to G.S. 48-3-701.
(5) Any person with whom the juvenile has resided for a
continuous period of two years or more next
preceding the filing of the petition or motion.
(6) Any guardian ad litem appointed to represent the
minor juvenile pursuant to G.S. 7B-601 who has not
been relieved of this responsibility.
(7) Any person who has filed a petition for adoption
pursuant to Chapter 48 of the General Statutes.
(b) Any person or agency that may file a petition under
subsection (a) of this section may intervene in a pending abuse,
neglect, or dependency proceeding for the purpose of filing a
motion to terminate parental rights. (1977, c. 879, s. 8; 1983,
c. 870, s. 1; 1985, c. 758, s. 1; 1987, c. 371, s. 2; 1995 (Reg.
Sess., 1996), c. 690, s. 4; 1998-202, s. 6; 1998-229, s. 9.1;
1999-456, s. 60; 2000-183, s. 4.)
§ 7B-1104. Petition or motion.
The petition, or motion pursuant to G.S. 7B-1102, shall
be verified by the petitioner or movant and shall be entitled
"In Re (last name of juvenile), a minor juvenile"; and shall set
forth such of the following facts as are known; and with respect
to the facts which are unknown the petitioner or movant shall so
(1) The name of the juvenile as it appears on the
juvenile's birth certificate, the date and place of
birth, and the county where the juvenile is
(2) The name and address of the petitioner or movant
and facts sufficient to identify the petitioner or
movant as one authorized by G.S. 7B-1103 to file a
petition or motion.
(3) The name and address of the parents of the
juvenile. If the name or address of one or both
parents is unknown to the petitioner or movant, the
petitioner or movant shall set forth with
particularity the petitioner's or movant's efforts
to ascertain the identity or whereabouts of the
parent or parents. The information may be contained
in an affidavit attached to the petition or motion
and incorporated therein by reference.
(4) The name and address of any person who has been
judicially appointed as guardian of the person of
(5) The name and address of any person or agency to
whom custody of the juvenile has been given by a
court of this or any other state; and a copy of the
custody order shall be attached to the petition or
(6) Facts that are sufficient to warrant a
determination that one or more of the grounds for
terminating parental rights exist.
(7) That the petition or motion has not been filed to
circumvent the provisions of Article 2 of Chapter
50A of the General Statutes, the Uniform
Child-Custody Jurisdiction and Enforcement Act.
(1977, c. 879, s. 8; 1979, c. 110, s. 8; 1981, c.
469, s. 23; 1987, c. 550, s. 15; 1998-202, s. 6;
1999-223, s. 7; 1999-456, s. 60; 2000-183, s. 5.)
§ 7B-1107. Failure of parent to answer or respond.
Upon the failure of a respondent parent to file written
answer to the petition or written response to the motion within
30 days after service of the summons and petition or notice and
motion, or within the time period established for a defendant's
reply by G.S. 1A-1, Rule 4(j1) if service is by publication, the
court may issue an order terminating all parental and custodial
rights of that parent with respect to the juvenile; provided the
court shall order a hearing on the petition or motion and may
examine the petitioner or movant or others on the facts alleged
in the petition or motion. (1977, c. 879, s. 8; 1979, c. 525, s.
3; 1987, c. 282, s. 2; 1998-202, s. 6; 1998-229, s. 10;
1999-456, s. 60; 2000-183, s. 7.)
I think I will start another post in case I run out of room.
How far you go in life depends on your being tender with the
young, compassionate with the aged, sympathetic with the
striving, and tolerant of the weak and strong.
Because someday in your life you will have been all of these.
~George Washington Carver, American inventor and horticulturist~