Bakersville, NC asked in Family Law and Adoption for North Carolina

Q: What do I need in order to terminate ex husbands rights to daughter he has not seen in 6 years?

Ex husband and I have been separated almost 6 years and divorced 4. He has not seen daughter since 10/9/2010. I have since remarried and want to terminate rights and have my now husband adopt daughter

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1 Lawyer Answer
Melissa Averett
Melissa Averett
  • Family Law Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: You would need to file a petition with the clerk of court in the jurisdiction where the child lives alleging one or more of the grounds listed in NCGS 7B-1111. The petition has to be served on your ex husband. The court will appoint a guardian ad litem to investigate if the termination is in the best interest of the child. then the court will have a hearing on the issue. Here is a really detailed description of the process from the point of view of the guardian ad litem.

The court is more likely to grant the termination if your current husband files to adopt at the same time.... but your ex husband may be more likely to fight the proceeding if he thinks he is being "replaced." Termination proceedings are not something that you can typically accomplish without an attorney. You should meet with a local family law attorney with experience with termination proceedings.

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