Forest City, NC asked in Child Support for North Carolina

Q: If Parental Rights are surrendered?

My step-son was court ordered through DSS of Rutherford County, North Carolina to pay child support on his 4 children. Me and my wife have Guardianship over two of the grandchildren, ages 11 and 9, until they are 18. If he relinquishes parental rights is he still obligated to pay child support or can it stop? He has harassed, cursed and belittled his mother, my wife every since DSS court ordered him to pay child support. If he signs over his rights to his children can this torture from him stop? He will not work consistently and tries everything he can to skip around where they won't be able to trace his steps. He resides in Chesnee South Carolina.

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1 Lawyer Answer

Melissa Averett

Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: A parent cannot surrender their own parental rights. If they could every parent who didn't want to pay child support and wasn't allowed to see their children would do so, and the government would have to support those children. If you have grounds under North Carolina law to terminate his parental rights then you can hire a lawyer and file the appropriate paperwork and have a hearing. The statute, which you can Google, is NCGS 7B-1111. But it also sounds like you would qualify for a restraining order. Maybe not a domestic violence restraining order but that is not the only kind of restraining order. You should talk to a local attorney who is experienced in family law, and has experience with harassment cases. If his rights are terminated then he will not have an ongoing duty to support his kids but he would still owe any arrearage. If any of the custodial adults are receiving public assistance, it may be harder to get the court to terminate his parental rights because that shifts the financial burden on the government instead of him. But an experienced local attorney can help you navigate through the choices.

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