My Child’s Father has Terminated his Parental Rights in 2002, If I was to Set Aside the Termination Would his Father be Able to Gain Any Rights?

Share the Knowledge!

“I have a termination of parental rights in place. It was granted in 2002. I have now found out that there is money in my sons name and was told to do an amendment to the TOPR. The lawyer I talked to said that this can’t be done unless you set aside the termination. IF I was to do this what is the likely hood of the father being able to get any rights if he even tried during the period it is set aside? The child is 10 years old and the father has not been around in about 9 years. We are in NC.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It sounds like you have passed the time for modifying the termination of parental rights or filing an appeal. If your son has been adopted (presumably by your new spouse) then all rights and obligations between your son and his biological father have been severed. (See e.g. In re Montgomery, 77 N.C. App. 709, 336 S.E.2d 136 (1985)). If you were some how able to open the case and set aside the termination, then it would not surprise me if biological father was able to at that point get some rights as the case would then reopened.

Share the Knowledge!

Author: House Attorney

A house attorney has answered this question.