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Twelvebcmb

New member
North Carolina
I recently filed a termination of parental rights against my ex. Long story short hopeless drug addict meth,heroin,pills,needles you name it. She has a cycle where she disappears for months at a time shows back up at her parents house and then makes demands to see her daughter usually calling at odd hours then when I respond I never hear back. This pattern has continually repeated for around 4 years. I have hard evidence even videos audio Facebook posts in her own words backing up everything I say literally as thick as a phone book! Multiple times where she admits to dealing meth etc. So I filed the TPR after my lawyer advised me to do so after I sought legal advice when I got a motion to modify our original custody order from my ex(I’ve had custody for 3 and a half years) she never showed for 4 straight mediation meetings and just basically let it go. But then her and her family filed a motion of “dismissal” and that is the problem I am running into. After talking to the ad litem she informed me that they just changed the law and now that if a motion of dismissal is filed after a TPR is filed it shows that basically she “cares” and neglect and abandonment is no longer an issue because the motion proves she tried to “be there” basically in a roundabout way pardon my lack of legal knowledge and terminology. The ad litem warned me that the judge could basically have a “knee jerk” reaction and see the dismissal was filed and then throw out my TPR case and that it would revert back to the original motion of modification of custody they filed! Is there no way around this? I’ve spent close to $8000 trying to defend me and my daughter from this happening!!! I got proof that she was using meth 2 days before our court date and she signed papers under oath saying she didn’t even have a drug problem on that day October 7 my evidence is from October 5. Is all my hard work gathering evidence for nothing? Our court date is December 3rd will the judge just toss aside the obvious right thing to do because of her “dismissal”? The ad litem also informed me she checked into rehab after talking to her and this would be the umpteenth time and we know her parents bullied her into doing it. Does she just get to go years without pitching a single cent to raising my daughter not showing any care about my daughters well being using drugs to the extreme consistently for my daughters entire life and then file a dismissal and check into rehab and all of a sudden it’s all better? We all know she is just doing the bare minimum she thinks she has to and will continue to use once she thinks the coast is clear! She has also lost custody of her other child due to her behavior and I have remarried and my wife has every intention on adopting if the termination was to be successful but it looks like that’s not an option now! Please help!!!! There must be some way around this!!!!
 


LdiJ

Senior Member
North Carolina
I recently filed a termination of parental rights against my ex. Long story short hopeless drug addict meth,heroin,pills,needles you name it. She has a cycle where she disappears for months at a time shows back up at her parents house and then makes demands to see her daughter usually calling at odd hours then when I respond I never hear back. This pattern has continually repeated for around 4 years. I have hard evidence even videos audio Facebook posts in her own words backing up everything I say literally as thick as a phone book! Multiple times where she admits to dealing meth etc. So I filed the TPR after my lawyer advised me to do so after I sought legal advice when I got a motion to modify our original custody order from my ex(I’ve had custody for 3 and a half years) she never showed for 4 straight mediation meetings and just basically let it go. But then her and her family filed a motion of “dismissal” and that is the problem I am running into. After talking to the ad litem she informed me that they just changed the law and now that if a motion of dismissal is filed after a TPR is filed it shows that basically she “cares” and neglect and abandonment is no longer an issue because the motion proves she tried to “be there” basically in a roundabout way pardon my lack of legal knowledge and terminology. The ad litem warned me that the judge could basically have a “knee jerk” reaction and see the dismissal was filed and then throw out my TPR case and that it would revert back to the original motion of modification of custody they filed! Is there no way around this? I’ve spent close to $8000 trying to defend me and my daughter from this happening!!! I got proof that she was using meth 2 days before our court date and she signed papers under oath saying she didn’t even have a drug problem on that day October 7 my evidence is from October 5. Is all my hard work gathering evidence for nothing? Our court date is December 3rd will the judge just toss aside the obvious right thing to do because of her “dismissal”? The ad litem also informed me she checked into rehab after talking to her and this would be the umpteenth time and we know her parents bullied her into doing it. Does she just get to go years without pitching a single cent to raising my daughter not showing any care about my daughters well being using drugs to the extreme consistently for my daughters entire life and then file a dismissal and check into rehab and all of a sudden it’s all better? We all know she is just doing the bare minimum she thinks she has to and will continue to use once she thinks the coast is clear! She has also lost custody of her other child due to her behavior and I have remarried and my wife has every intention on adopting if the termination was to be successful but it looks like that’s not an option now! Please help!!!! There must be some way around this!!!!
The Ad Litem is likely right. He/she knows the climate of your local courts far more than we do. Terminating a parent's rights is a really huge deal and a judge cannot do it unless there is clear evidence that the parent would be a danger to the child, even with supervised visitation.

However, if the case reverts back to a motion to modify custody it certainly seems like you have more than enough evidence to prevent the judge from giving her any custody of the child.
 

Twelvebcmb

New member
The Guardian Ad Litem is not YOUR lawyer. What does your lawyer say?
My lawyer seemed shocked! At first he said their court appointed lawyer was making a fuss about the “dismissal” because of us filing a TPR after they filed a motion to modify and that it would be fine and that we didn’t do anything wrong and there is nothing saying we can’t do that. But now after it all comes out the “dismissal” seems to be a magical silver bullet that literally takes everything away from us! He basically just says we have to wait and see what the judge does but obviously if the judge just tosses it out there is nothing he can do, and that is the problem my lawyer hasn’t had one single chance to have a go at my ex and it looks everyday like he never will!
 

Twelvebcmb

New member
The Ad Litem is likely right. He/she knows the climate of your local courts far more than we do. Terminating a parent's rights is a really huge deal and a judge cannot do it unless there is clear evidence that the parent would be a danger to the child, even with supervised visitation.

However, if the case reverts back to a motion to modify custody it certainly seems like you have more than enough evidence to prevent the judge from giving her any custody of the child.
I hope so but my ex’s parents are willing to lie about anything for this to happen. They have also proven that they don’t follow the rules and I’m referring to them because they would end up being the “supervisors” in this scenario and they have already been court ordered that my daughters brother ( the other child my ex lost custody of) is not allowed to be left alone with my ex and that she must be with the child at all times but she has left the child alone with my ex and I have proof and but she is the one lobbying extremely hard to get custody rights to my daughter I just feel hopeless I’ve spent all this money and all these years doing everything extremely carefully making sure not to say or do anything out of line meanwhile they can act however they want say whatever they want cause any problems they want and also get a free lawyer and all they had to do was file a dismissal to basically be winning I’m just at a loss for words! This system seems very devastating to the ones who really need it the most and rewards the ones who don’t deserve anything
 

TigerD

Senior Member
It might be worth getting a second opinion from a NC licensed attorney. Paying for a consult and reviewing your case and filings could give you an idea of whether or not you have an issue with your case or with your attorney.

TD
 

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