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.

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1 Lawyer Answer
Amanda Bowden Johnson
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  • 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.

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