What are the non-custodial parents rights in North Carolina?
When my fiance and I split up he dated another girl and she ended up pregnant. We are getting married and have kids of our own and this woman has not and will not allow him to have anything to do with the child. She basically wants him to pay the child support and leave them alone. We have been trying to find out what his rights are and what he can do. He doesn't want to sign over rights because that is not the type of person he is; but what else can you do when you can't be involved and don't have the money to fight? Plus we have a family who needs him. I have been searching the internet for help and can not find it.
Many states have supervised visitation facilities which allow a non-custodial parent to visit a child without having contact with the other parent.
Sometimes, a mediator can help iron out reasonable visitation schedule. The mediator will take your finances into consideration. Many states also have pro se and low income programs within the court system.
In all cases, you have to go to court for visitation and see how much the other side is willing to fight to avoid visitation.
Is this court ordered child support? If not, stop paying. The courts will not count what he is paying now as child support and he will be in arrears. He needs to go to the court house and file a petition for a DNA test, the court will make her comply. If indeed this is his child the court will then order her child support, order him to carry insurance on the child and award him visitation. Once he is awarded visitation he is protected by the decree. If he ever goes to pick up the child and is denied by the mother or the child is not present then all he needs to do is call the authorities. That's a contempt of court punishable by fines or even jail time.
If he is not ordered to pay child support now and is trying to stay out of court. There is always bribery. Tell her that if she wants the money then he wants the child on weekends and holidays. Most single moms need the money she will more then likely jump on it. They would both need to agree on terms down to specifics like dates, times, amounts and so fourth. It will help him later if he has set days and times for getting the child. Once this is typed up they both need to sign it in front of a notary. Then its settled for now. Best wishes!
So she was ordered support and he was not awarded visitation? Was there a reason for that? He needs to one hire a PI to locate her address and phone number. That will probably cost a couple hundred dollars. Once he has that information he needs to file for legal joint custody and have her served. Unless he has been declared by the court unfit he automatically gets visitation and theres nothing she can do to stop him once he has the papers. If she moves she has to then tell him, if the child goes out of state he is to be notifed. Between the attorney and the PI it may cost a couple grand. If you are low income try http://www.legalaidnc.org/ that is a website for pro bono lawyers in NC. Best wishes!