TPR clarification

[movingon101]

What is the name of your state? NC
My exhusband stopped paying child support and took off to God-knows-where about 6 months ago. In the six years that our child has been alive, he's only seen her a handfull of times. So that has led me to want to terminate his parental rights, being as though he's disappeared, never shown an interest in our child and obviously doesn't support her financially either. My question is, when I checked out NC law on TPR it almost seems too easy.
It states that: ss7B-1111 Grounds for terminating parental rights. #4) One parent has been awarded custody of the juvenile by judicial decree or has custody by agreement of the parents, and the other parent whose parental rights are sought to be terminated as for a period of one year or more next preceding the filing of the petition or motion willfully failed without justification to pay for the care, support, and education of the juvenile, as required by said decree or custody agreement.
Has anyone got experience in this. What I'm gathering is that, in about 6 months as long as he stays gone, which he's great at, I have legitimate grounds to be rid of him for good? BTW I've been remarried for 4 years with hopes that my huband can adopt my child. I don't want anyone to assume I'd be going it alone, or using state aid or anything. I never have in case that factors in anywhere either. Thanks and sorry its so long.What is the name of your state?

 

[movingon101]

One more quick qestion...Would it be frowned upon by a court if I dove straight into TPR preceedings without contacting CSE first about his arrearage? I ask because I don't want the child support. I just want the opportunity for my child to be adopted by her stepfather.

 

[stealth2]

I would leave it be for at least 6 mos.

 

[movingon101]

Oh I agree Stealth. I'm not moving a muscle until at least the one year time frame. I just almost found this law too good to be true.

 

[stealth2]

And I wouldn't bother with CSE - if you go back for the arrears, he's gonna start wanting to see her. Which would defeat your purpose.

 

[movingon101]

Thanks for the tip. I was just curious, because I didn't want to go before a judge and have him yell at me for not attempting to collect his arrearages. You never know what to expect right? lol

 

[Grace_Adler]

Yep, that's correct and yep it's that easy. LOL You can do the TPR and stepparent adoption all at once. Of course you know that you'll have to have the father served and he has to be given the opportunity to contest, unless you think he would relinquish his rights and consent to the adoption. There are forms for all of this. If you can't locate him, you have to run an ad in the paper for X amount of days. I have a link to some of the forms you might need or you can go to the clerk of court and get them.

As for the support, it will terminate once the adoption is final. They will close the case once you notify them of the adoption, however, any arrears that are owed to you will always be owed to you. They will continue to seek him out until he pays it. He can't get out of that unless you forgive the arrears. If any money is owed to the state, he will still owe them unless legally released from this obligation. The judge won't yell at you for not going after arrearages, don't even worry about that, in fact, it doesn't even go before a judge, it's all handled by the Clerk of Court. So if he is out of the picture for 6 months, you can file.