Im trying to get my babys father to pay childsupport,& give up all his rights im married now & live in nc and he never sees him.

Asked over 1 year ago - Holly Ridge, NC

ok my son was born dec 2010 and his father has only seen him a totally of 10 times. he wont sign over his rights or give me any money but he will tell me he will but never does.im married now and I live in nc with my son and husband who is in the military and I always try to be nice to him and give him plenty of times to see my son and he always makes an excuse like the car was stolen or he has a soccer game something like that. I just wont him to sign everything over to me and pay child support bc he does not deserve the title of a dad

Attorney answers (1)

  1. Amanda Bowden Houser

    Pro

    Contributor Level 14

    Answered . The child support part is easy - simply go to your local child support enforcement agency and they will take care of it - in a slow and governmental agency way - but eventually if the father has employment or tax refunds or other assets that can be seized, they will make him pay up.

    As to terminating his parental rights, yeah, I don't think so scooter! He has seen the child some - 10 times by your own admission (which means most likely slightly more). If the child is 2 - 3 years old , that's about 3 - 4 times a year, which unfortunately is actually pretty close to what some non-custodial parents get. Other than not paying support (which is not a reason in and of itself to terminate parental rights or withhold visitation), you don't make any other allegations that the father has abandoned the child or is in some way a danger to the child. Judges are very reluctant to terminate parental rights without a compelling showing of significant abandonment and lack of interest in the child and / or that the parent poses some serious danger to the child. I think your only hope of terminating parental rights is for you to file an action for it and try to convince him to agree to it voluntarily - as an incentive you can inform him he won't ever have to pay child support if his rights are terminated! Oh, yeah I forgot to mention to you, you don't get to eat your cake and have it too - if his rights are terminated - you don't gets no child support!

    DISCLAIMER: This answer is for informational purposes only. It is not, nor is it intended to be, legal advice.... more

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