my husband and i have been married for almost 4 years he has a 6 and 5 year old sons that he does not see or hear from can not find out were they are the mother has gotten married and so still we never see the children my husband was under age at time of there conseption my husband loves them but birthday cards and gifts are returned without money if we send card to them she takes out the money returns the card toys taken back the money used for her personel use my husband wants to sign over his parental rights we live in nc what can we do we dont even know if there his she slept with several people please help we have a 2 year old child together
2006-06-27 14:40:20 · 6 answers · asked by bad_kitty_no_milk808 1 in Politics & Government ➔ Law & Ethics
Is he paying child support for these children? If so, then he needs to go back and get the support order amended to allow visitation rights. You also need to get a paternity test- if the kids aren't his, he shouldn't be paying support for them and he won't get visitation.
2006-06-27 14:44:50 · answer #1 · answered by Princess 5 · 0⤊ 0⤋
The first thing you should do is consult an attorney about exactly what his rights are. The second thing you should do is get a paternity test to prove (or disporve) that the children are his. He should fight for visitation and he should be granted them unless there is something in his past or present that the courts might think is harmful for the children
Signing away his parental rights is a mistake, he should make every effort to get to know his children or he will regret it some day, even if she is remarried nothing takes the place of a childs natural father. Also you are cheating your child together out of having a chance to know his other siblings.
As far as her taking the money out of the cards and returning the gifts when he is able to get visitation just save them up until they come visit or he visits them then give them to the children.
2006-06-27 21:55:05 · answer #2 · answered by Keljef99 1 · 0⤊ 0⤋
First thing first, find the children. Once you have found them, get paterninty tests done. If they are his, as far as I know, (I'm a paralegal in NC), she (the kids's mother) has to be the one to terminate his rights. Don't take this as advice or gospel, talk to a lawyer. You may have to sink some money into this, but in the long run, it should be worth it. If the kids are his and she doesn't want to terminate his rights, take her to court and get visitation. Keep track of everything she's done as far as returning gifts and cards. The fact that you sent them speaks volumes and a judge will realize that.
2006-06-27 21:47:18 · answer #3 · answered by KitKat 6 · 0⤊ 0⤋
Does he pay child support? If not and you want to cut ties then do it. You say you don't know where they are yet you send them presents I don't quiet understand that. Are you worried she may come after him for child support? I would talk to a lawyer alot of family lawyers have free consultation too. Call around find one who does. But if he doesn't pay then not sure why you are even worried. Has he ever signed a recognition of parentage? He shouldn't of if he was unsure they are his.
2006-06-27 21:47:32 · answer #4 · answered by Kookie M 5 · 0⤊ 0⤋
Find the kids, get DNA test to see if the kids are even his and if yes go to the court to get parental rightes....
2006-06-27 22:51:34 · answer #5 · answered by Love Exists? 6 · 0⤊ 0⤋
To give up his rights he needs to talk to his ex and she need to agree. Contact a lawyer to do the paperwork but they both need to agree
2006-06-27 21:47:25 · answer #6 · answered by Shy 3 · 0⤊ 0⤋