Lawyers, Answer Questions  & Get Points Log In
North Carolina Adoption Questions & Answers
1 Answer | Asked in Family Law, Adoption, Child Custody and Military Law for North Carolina on
Q: Can I? And how fast can I adopt my younger brother?

I am in the military, and I want to adop my 15 year old brother. He lives with my stepfather and my mother lives in mexIco. I’m stationed in NC and my brother lives in California. How can I adopt him so I could bring him to live with me.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 19, 2021

The adoption process is a state law issue and if he currently lives in California then you will need to speak with a family law attorney there. Adoption may not even be necessary, depending on the purpose of the adoption. You may able to just have a custody order. You should also research what... Read more »

2 Answers | Asked in Adoption and Family Law for North Carolina on
Q: My x just had a baby. She said the baby is mines, but she is placing it up for adoption. I do not agree. What can I do
Angela L. Haas
Angela L. Haas answered on Jan 17, 2021

You must either file to legitimate the child, file for paternity, marry her, or support the child. Supporting the child can be done in many ways. Act quickly though, because your time to act may have already passed, depending on how far along she is in the process. Consult with a family law... Read more »

View More Answers

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Q: I'm recently dealing with dss my son is going to be getting adopted out will I be able to get him back
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 13, 2021

The short answer is - no. In order for a child to be adopted, your parental rights would need to be terminated. The best chance of you getting your child back is if this process is not yet complete and you hire an attorney. Best of luck.

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: I’m 17 years old I live in a group home and I am in DSS coustody can they move me outta state without my consent

Also can they move me when I’m about to be 18 in less than 8 months

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Nov 27, 2020

The short answer is, likely yes. Until you turn 18 - you are a child and if DSS has custody of you, they can do with you pretty much as they please until you do turn 18. Your best bet is to do the best you can to make whatever they do as tolerable for yourself as you can make it. When you turn... Read more »

1 Answer | Asked in Adoption for North Carolina on
Q: My husband and I have had full custody of MY biological grandaughter for 12 years. she is now 13.The biological father

has had his visitation rights terminated. the biological mother could see the child with supervision but has never approached that. neither has seen her since she was 18 months old. She calls us mom and dad but knows her circumstances. she would like to be adopted so that we all have the same... Read more »

Angela L. Haas
Angela L. Haas answered on Sep 24, 2020

You would not have to notify her biological father, if his parental rights have been terminated (you'll need to verify this). You will need to notify her biological mother, and if possible, get her consent. Otherwise, you'll need to have her parental rights terminated as well. Her last... Read more »

2 Answers | Asked in Adoption and Family Law for North Carolina on
Q: What form in N.C. do I use for dissolution of an adult adoption?

We adopted an adult woman and things changed drastically. We have not seen her for years, nor heard from her. We do not want our estate to be shared with her. What form in N.C. is used to file for dissolution?

**edit** that is not our preference. We prefer that she not be able to try and... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 21, 2020

Ignoring the specific question, why wouldn't you just change your will to specify that this person is no longer to share in your estate?

View More Answers

1 Answer | Asked in Adoption for North Carolina on
Q: Hi, My husband and I have been asked to adopt my cousins baby from birth. What is required to do this?

Baby will be born in SC, we reside in NC. Mother desires us to adopt the baby as we are a stable and loving couple and she has been struggling with addiction and is single at 20 years old. We have adopted a relative before through the state of Florida. The difference is that our previous adoption... Read more »

Angela L. Haas
Angela L. Haas answered on Jul 14, 2020

She will need to have the child born here in NC, or you will need to go through the ICPC process (which can a lot of time and cause complications). Depending on how far out she is with the pregnancy, you'll also need to be timing a homestudy to be performed. The father can consent to the... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: My cousin is 28 and she has a 12 year old daughter that will be 13 years old this year. To myself and my other family

members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?

Melissa Averett
Melissa Averett answered on Jan 18, 2020

No a 13 year old does not get to decide where she wants to live. Think about it... if that were the case she could live with a boyfriend. Getting guardianship, termination of parental rights and adoption or even custody of a child who has a biological parent requires proving to a court, by clear... Read more »

View More Answers

1 Answer | Asked in Family Law and Adoption for North Carolina on
Q: About to turn 18.. can I legally run away to live with a 18yo? Could he/she go to jail for me living with them?

I want to leave my parent's house.. They're manipulative, they don't care about my feelings, the mentally abuse me, etc.. I can't stay here.. I know someone that will take me in, but they're afraid to go to jail.. They said if it was legal.. They would.. I'm 17.. I... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Sep 23, 2019

At 18, it is not called 'running away' it is just called 'leaving your parents house' - which is something you are suppose to do. Until then you need to stop whining and suck it up and deal with it like everyone else. Best of luck.

1 Answer | Asked in Family Law, Adoption and Child Support for North Carolina on
Q: My 8 yr old son lives in GA with his mother and step father. 7 yr since I seen him. Can I terminate my rights. I'm in NC

They have brought up the step father adopting him. My arrears will end up being paid but they have brought it up. Only issue is when I agree the mother gets angry and threatens me with the law or to make sure she gets every penny from me. The step father is a great dad to my son and I feel... Read more »

Angela L. Haas
Angela L. Haas answered on Jul 23, 2019

Yes. You just need to file a Consent to Adoption. Once the adoption is final, your rights will then be terminated.

1 Answer | Asked in Adoption for North Carolina on
Q: we have had custody of our 11 year old grand daughter since she was 5 thru a chapter 5 award by the Franklin County,

judge and we have tried to adopt her to ensure she is protected and that she is finacially provided for. We have been told that we cannot do that without the mothers consent. she has made no attempts to stop using drugs or comply with anything to at least get visitation rights. what can we do to... Read more »

Angela L. Haas
Angela L. Haas answered on Jul 11, 2019

I've responded to your question from later today. Same response would be applicable here.

1 Answer | Asked in Adoption for North Carolina on
Q: who can talk to us about how to adopt my 11 year old grandchild that we now have custody of. mother will not consent
Angela L. Haas
Angela L. Haas answered on Jul 11, 2019

If the mother will not consent, then you have to file to get her parental rights terminated. There are 11 grounds which could justify the court terminating parental rights, in addition to determining that it would be in the best interest of the child that the parent's rights be terminated.... Read more »

1 Answer | Asked in Adoption, Appeals / Appellate Law, Constitutional Law and Education Law for North Carolina on
Q: How long did it take you to become a lawyer?

specifically, how long you were in school and what classes you took.

Tim Akpinar
Tim Akpinar answered on Apr 24, 2019

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing,... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: How to get custody over a friends child?

How to I get coustady over a ex friends child? They are both refusing for me to get her but after December the 19th they get all rights room from them and the child goes to foster care how can I get the little girl so she doesnt go to foster care? Only reason they dont want me to get her is because... Read more »

Sara W. Harrington
Sara W. Harrington answered on Dec 26, 2018

Because she is already involved in the Social Services system, you can contact Social Services and express an interest in the child being placed with you. You will have a better chance of the child being placed if you agree to take a foster parenting class (called Model Approach to Partnerships in... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: Can my father regain custody of my sister after signing guardianship over to me?

Around eight months ago my father signed my sisters over to me. I went through the process and was granted guardianship of them. He has a lengthy history of physical violence, drug abuse, theft, and so on. However, there are no legal documents that show the physical, mental, and emotional abuse... Read more »

Melissa Averett
Melissa Averett answered on Sep 13, 2018

Its very hard to overturn guardianship, much harder than modifying a custody order. To overturn guardianship, your dad would have to prove that you breached your duty of care to your sisters.

That said, I think I would wait on the adoption. He can fight you on the termination of his...
Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: 10 year old is scared of her non- custodial mother during supervised visits with maternal grandmother.

NC court order awarding full custody to paternal grandparents and visitation to maternal grandmother who must be supervising the child when her mother is present. This court order went into judgment when the child was 2. She is going to be 10 and is deathly scared of her mother’s anger. The... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Mar 9, 2018

I have been doing this a long time and have heard this type of story more times than I care to remember and right off the bat, your story doesn't sound right. Here's why: If things are in fact as bad as you say they are, why in the world would you be even the slightest bit concerned... Read more »

1 Answer | Asked in Divorce and Adoption for North Carolina on
Q: Can termination of parental rights be sought during the divorce process, or must the petition wait until afterward?

The biological father has not had contact with my son (who is now 5) for close to three years. I have been with my partner for these past three years, and my son calls him dad. My partner and I would like to get married and he would like to adopt my son. Should the petition wait until after the... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 31, 2018

The petition is separate from the divorce and neither will have much if any impact on the other. So they can be done at the same time or either one before the other.

1 Answer | Asked in Family Law and Adoption for North Carolina on
Q: I have legal custody of a handsome young boy for 8 1/2 years. Unable to locate Bio mother for 6 yrs. Let's call him J.

J was initially a foster child. I was his guardian, he came to me at 3 months old. She (Biological) and I agreed that I would adopt him whenever she was through with her case plans, but did not want to involve DSS (Dept. of Social Services) Needless to say she disappeared and did not want to be... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 9, 2018

You will likely need to petition the Court to terminate her parental rights, you will also need to include the biological father in that petition as well. If things are the way you say they are, it should be a slam dunk and then you can proceed with the adoption if you are a good candidate. Shop... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Q: Would it be legal for her to move in if she is emancipated? Also what would it take for her to get emancipated?

My girlfriend and I want to move in together in my parents house, (she's almost 15, and I am 15) She is a foster child, She lives in North Carolina, and i live in Pennsylvania, her dad sort of wants her out, and we're thinking if we upset him he'll kick her out, but she wants to try... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 8, 2018

Yes, if she is emancipated but it is difficult to get emancipated. She would need to prove she can provide for herself financially and more importantly, has the common sense to take care of herself and make appropriate decisions. Neither of which is qualities of most 25 year olds let alone a 15... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: how is the process of termination of rights

My son's biological father has never seen my son and has expressed intrest in terminating his parental rights. My son has a father in his life who has been around since birth. him and I are no longer in a relationship and he is now married. Despite our relationship not working he is still in... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 5, 2017

Obviously a man married to someone else is not a candidate to adopt your son and his continued presence in your child's life is potentially not in the best interest of his new family or your child. As to the father terminating his rights, he can not do that unilaterally - you would need to... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.