Parental and Custody Rights
If a child is born to a married couple or a child is adopted by a married couple, the mother and the father have equal rights to visitation and custody of that child. Both parents also have an equal responsibility to support the child financially. Unfortunately, when a child is born out of wedlock or the parents decide to end their marriage, the issues of parental rights and child support can become a highly contested issue that requires court intervention.
When child custody, divorce, and division of property are in question, you need an attorney who has experience handling these types of cases. You want attorneys who are dedicated to protecting your parental rights and doing what is in the best interest of your family. The family lawyers of The Trevor J. Avery Law Firm are here to help you.
Our Jacksonville NC family law attorney will handle your case with the sensitivity and care your family deserves. Schedule a case review today to get started.
Can a Mother Refuse Child Support and Deny the Father’s Parental Rights?
Under the North Carolina child support statutes and custody laws, child support and custody are two separate matters. North Carolina takes the position that both parents have a duty to provide for the financial needs of their child regardless of whether the parents are married or have any relationship at all outside of being parents to this child. A parent cannot voluntarily waive the other parent’s legal responsibility to provide financially for his or her child.
The court will use the North Carolina child support guidelines to calculate the financial obligation of each parent based on the income of both parents, the custody arrangement, and other factors such as healthcare costs and daycare costs. The mother cannot “refuse” to accept child support on behalf of her child.
Likewise, the mother cannot choose to deny the father’s parental rights without a court order. In many cases, a mother will refuse the father’s parental rights if the father is not paying child support; however, this is not legal and the mother can be held in contempt of court for failure to abide by court-ordered visitation.
Only the court can sever or modify a father’s parental rights for good cause such as physical or sexual abuse, child abandonment, drug or alcohol abuse, or another reason that would be detrimental to the child if the child were exposed to the parent. If the mother feels that the child’s physical or emotional well-being will be damaged if the father’s parental rights are exercised, she needs to consult with a family law attorney as soon as possible.
Contact an Experienced Jacksonville Family Law Attorney
The family law and parental rights attorneys of The Trevor J. Avery Law Firm have the experience you need to get you the best possible results when challenging custody or parental rights. When the future of your child is in question, you need an experienced family law attorney in your corner who knows the law and who has the experience to get results. We represent clients throughout Duplin County, Onslow County, and the surrounding communities.
Our firm will offer you a free case evaluation and will discuss your best legal action with full transparency every step of the way.