My ex wife had a son before we met and he attempted to get out of paying support by having his rights terminated... she gladly accepted the papers and gladly continued receiving the child support.
I know here in NC the custodial parent has to be the one to file that the other parents be terminated.
And to the one who brought up the neglect...she's not doing this on the grounds of neglect.
Statute: §§7B-101(2); 7B-1111
Grounds: Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, failure of reasonable efforts, abuse/neglect or loss of rights of another child, failure to provide support, failure to establish paternity, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, child willfully left in foster care, aggravated circumstances.
She's going for extreme parental disinterest, mental illness (Welder is bipolar), child's best interest, and the fact that he has never had either child in his care.
Ehh....laws, laws, laws. Hopefully the proof that we do have will be enough for the judge to see that she's the one making things the way they are (by not letting him see his kids). Welder is most worried about the whole 'mental illness' end of it...before he was properly diagnosed with Bipolar Disorder they had treated him for ADD, Asperger's (high functioning form of autism), and a few other things. Since he didn't have those things and was not properly being treated there were times that he ended up in the psych ward. Since they've figured it out and he takes his meds, etc. he hasn't had any problems at all in that arena.
~Welder's Girl~