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

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 found. Mind you I have been at the same job that entire time. I located her through her other children's family. Now she refuses to allow the adoption to happen. What rights do I have? . J will be 9 in 2 weeks. J has never had nor has had any financial support from her.

Related Topics:
1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Family Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: 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 around for a local family law attorney you feel comfortable with and who quotes a reasonable fee. Best of luck.

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.