Forest City, NC asked in Family Law, Adoption, Child Custody and Child Support for North Carolina

Q: My son is 4 yrs old. His Biological dad hasnt been in his life at all. Now COURT SYSTEM is trying to change this? HELP

Im now engaged & fiance wants to adopt my son. Hes the ONLY DAD my son has ever known and has been provider for him, (US) for almost 2 yrs. I filed for primary custody of son. The biological father NEVER replied to the papers sent by my lawyer. When we filed for a motion for me to be granted custody, the COURT SYSTEM took it upon themselves to have us take mediation for him 2 be in my sons life. I feel like all this is going to do is hurt my son emotionally, psychological, & could cause stress in his life that me & my fiance has made sure he would never have to worry about. What is my rights to reject this mediation & keep this from happening?? Shes not allowing my lawyer nor fiance to attend the mediation. Ive talked to my lawyer about all of this, & i trust in his answers & all, but I need to know what i can gather within 12 hrs before mediation to help explain why i feel that bringing him into my sons life is NOT the best interest for my son. That it will cause more harm than help??

1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: The Court didn't 'take it upon themselves' - its standard procedure. As much as you may believe having biological dad out of you child's life is best and regardless of whether you are right or wrong - you basically do not get to make that call. Since you have a lawyer that you indicated you trusted, your legal options are basically to continue to trust your lawyer and trust in the process. More often than not, when a parent say things like "bringing him into my sons life is NOT the best interest for my son. That it will cause more harm than help" - what they really mean is that it is not in MY best interest. Best of luck.

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