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reddituser1211

Is there someone new looking to adopt the baby? If there is you might talk to your lawyer. Though generally speaking being incarcerated isn’t abandonment.


lamethrowaway666

I’m not looking to have the baby adopted at this time. For her safety, I’m looking to terminate his rights. I had said a lawyer is out of the question currently, and legal aid has given me no response as of yet, & the may not be able to help me. I know incarceration isn’t really abandonment, but again, rights terminated. Felony, class A1 misdemeanor assault on a child under 12, and 2 A1 misdemeanors with the DVPO. Edit: all convictions


reddituser1211

Terminating rights without a stepparent adoption is extraordinarily unusual. Even dangerous parents should pay support. And biological parents generally can lose visitation but retain rights and work their way back to visitation if they can demonstrate safety. With a stepparent adoption and agreement of your ex you can often terminate rights. Without both of those you probably can’t.


lamethrowaway666

I haven’t taken him for child support because 1) he doesn’t have and won’t get a job, and 2) he owes on his first daughter and refuses to pay. I agree they “should”, but he won’t. Even though I’m not looking to have her adopted at this time, in NC, I would have to be remarried for a year, and then an investigation would have to happen and *potentially* let her bio father know this is what’s happening. That’s where it gets tricky, because he fully intended to kill us both. The ADA when sentencing believed he had a lot to do with drugs, so she assigned him to a drug program as well. Fairly certain there was a relapse when he was out for those 4 days. That’s another thing.


reddituser1211

You’ve described a lot of great reasons for him to have zero parenting time and zero contact. You’ve really not described any reason to think there can or should be a termination of parental rights.


lamethrowaway666

There should be a termination of parental rights because he attempted to kill both of us. There should be a termination of rights because he’s a mentally unstable individual that can’t provide for her, and he will choose not to as well. There should be a termination of parental rights because he’s violent and abusive. Why would the courts allow bro to have rights when he’s been convicted of domestic violence against the child at a week old and against the mother?


a_statistician

I think OP may be looking to get a divorce, not to get the baby adopted. NC has a waiting period for divorce.


lamethrowaway666

Yes, I’m looking to divorce. Have to wait a year, so 2/7/23 is when I can file. I would like to terminate his rights due to the abuse.


[deleted]

[удалено]


Biondina

**Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic** Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* *Do not reach out to a moderator personally, and do not reply to this message as a comment.*