Havelock, NC asked in Divorce and Adoption for North Carolina

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 divorce has been settled, or can it just as easily be accomplished during the process?

Also, will the court attempt to bring the biological father back into a relationship with my son?

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

A: 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 user found this answer helpful

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.