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North Carolina Adoption Questions & Answers
1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: Can I adopt in NC with ADHD?
Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jan 18, 2023

According to statute in North Carolina any adult may file to adopt a child. If you want to adopt a child the clerk or judge dealing with special proceeding actions will Order a Home Study. The home study will include the following:

physical and mental health, financial information, the...
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1 Answer | Asked in Real Estate Law, Family Law and Adoption for North Carolina on
Q: I was adopted and my adopted parents are now both deceased am I entitled to the home and land

My adopted dad signed over the house and land to my sister which was his biological child and she didn't even tell me that my dad passed away and she told family it was because she didn't want to have to go through anything with me for the home and land is there anything I can do

Ben Corcoran
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Ben Corcoran
answered on Jun 22, 2023

If your dad was of sound mind when he did this, then there is little you can do. If it was done using a power of attorney, then the transfer is presumed void. You should probably pay for a consultation with an attorney to see what they think of this before proceeding.

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: My parents adopted my cousin and they live in Georgia. I want to take custody of her and move her to NC with me. Can I?

She is 16 years old. I am 28 and married. I have a 2 bedroom apartment. My parents are willing to let her go, just not to me. I want to be able to register her in school here in NC. What can I legally do to help her. She is being abused and neglected. CPS has already been called, but my parents... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 7, 2023

You may want to speak with attorneys who practice in Georgia. Although there's always room for exceptions, the laws of the state where the child resides usually govern.

1 Answer | Asked in Adoption, Family Law, Estate Planning and Probate for North Carolina on
Q: My grandfather died without a will and I was adopted, do I need the adoption papers?

My grandfather died without a will and he owns the house and has a sizable bank account not in my name. He has no heirs other than me. What do I need to do to get them in my name. I was adopted by my biological grandma and he was married to her the moment she passed away and continued to raise me.... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 14, 2022

There are a couple of questions that will need to be answered before I can give you specific advice. Did your grandfather adopt you as well? And second, are you biologically related to your grandfather? If you can answer yes to either of those questions, you can likely get his assets transferred to... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Military Law for North Carolina on
Q: Can I? And how fast can I adopt my younger brother?

I am in the military, and I want to adop my 15 year old brother. He lives with my stepfather and my mother lives in mexIco. I’m stationed in NC and my brother lives in California. How can I adopt him so I could bring him to live with me.

Elizabeth Fowler Lunn
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answered on Jun 19, 2021

The adoption process is a state law issue and if he currently lives in California then you will need to speak with a family law attorney there. Adoption may not even be necessary, depending on the purpose of the adoption. You may able to just have a custody order. You should also research what... View More

2 Answers | Asked in Adoption and Family Law for North Carolina on
Q: My x just had a baby. She said the baby is mines, but she is placing it up for adoption. I do not agree. What can I do
Angela L. Haas
Angela L. Haas
answered on Jan 17, 2021

You must either file to legitimate the child, file for paternity, marry her, or support the child. Supporting the child can be done in many ways. Act quickly though, because your time to act may have already passed, depending on how far along she is in the process. Consult with a family law... View More

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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Q: I'm recently dealing with dss my son is going to be getting adopted out will I be able to get him back
Amanda Bowden Johnson
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answered on Jan 13, 2021

The short answer is - no. In order for a child to be adopted, your parental rights would need to be terminated. The best chance of you getting your child back is if this process is not yet complete and you hire an attorney. Best of luck.

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: I’m 17 years old I live in a group home and I am in DSS coustody can they move me outta state without my consent

Also can they move me when I’m about to be 18 in less than 8 months

Amanda Bowden Johnson
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answered on Nov 27, 2020

The short answer is, likely yes. Until you turn 18 - you are a child and if DSS has custody of you, they can do with you pretty much as they please until you do turn 18. Your best bet is to do the best you can to make whatever they do as tolerable for yourself as you can make it. When you turn... View More

1 Answer | Asked in Adoption for North Carolina on
Q: My husband and I have had full custody of MY biological grandaughter for 12 years. she is now 13.The biological father

has had his visitation rights terminated. the biological mother could see the child with supervision but has never approached that. neither has seen her since she was 18 months old. She calls us mom and dad but knows her circumstances. she would like to be adopted so that we all have the same... View More

Angela L. Haas
Angela L. Haas
answered on Sep 24, 2020

You would not have to notify her biological father, if his parental rights have been terminated (you'll need to verify this). You will need to notify her biological mother, and if possible, get her consent. Otherwise, you'll need to have her parental rights terminated as well. Her last... View More

2 Answers | Asked in Adoption and Family Law for North Carolina on
Q: What form in N.C. do I use for dissolution of an adult adoption?

We adopted an adult woman and things changed drastically. We have not seen her for years, nor heard from her. We do not want our estate to be shared with her. What form in N.C. is used to file for dissolution?

**edit** that is not our preference. We prefer that she not be able to try and... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 21, 2020

Ignoring the specific question, why wouldn't you just change your will to specify that this person is no longer to share in your estate?

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1 Answer | Asked in Adoption for North Carolina on
Q: Hi, My husband and I have been asked to adopt my cousins baby from birth. What is required to do this?

Baby will be born in SC, we reside in NC. Mother desires us to adopt the baby as we are a stable and loving couple and she has been struggling with addiction and is single at 20 years old. We have adopted a relative before through the state of Florida. The difference is that our previous adoption... View More

Angela L. Haas
Angela L. Haas
answered on Jul 14, 2020

She will need to have the child born here in NC, or you will need to go through the ICPC process (which can a lot of time and cause complications). Depending on how far out she is with the pregnancy, you'll also need to be timing a homestudy to be performed. The father can consent to the... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: My cousin is 28 and she has a 12 year old daughter that will be 13 years old this year. To myself and my other family

members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?

Melissa Averett
Melissa Averett
answered on Jan 18, 2020

No a 13 year old does not get to decide where she wants to live. Think about it... if that were the case she could live with a boyfriend. Getting guardianship, termination of parental rights and adoption or even custody of a child who has a biological parent requires proving to a court, by clear... View More

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1 Answer | Asked in Family Law and Adoption for North Carolina on
Q: About to turn 18.. can I legally run away to live with a 18yo? Could he/she go to jail for me living with them?

I want to leave my parent's house.. They're manipulative, they don't care about my feelings, the mentally abuse me, etc.. I can't stay here.. I know someone that will take me in, but they're afraid to go to jail.. They said if it was legal.. They would.. I'm 17.. I... View More

Amanda Bowden Johnson
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answered on Sep 23, 2019

At 18, it is not called 'running away' it is just called 'leaving your parents house' - which is something you are suppose to do. Until then you need to stop whining and suck it up and deal with it like everyone else. Best of luck.

1 Answer | Asked in Family Law, Adoption and Child Support for North Carolina on
Q: My 8 yr old son lives in GA with his mother and step father. 7 yr since I seen him. Can I terminate my rights. I'm in NC

They have brought up the step father adopting him. My arrears will end up being paid but they have brought it up. Only issue is when I agree the mother gets angry and threatens me with the law or to make sure she gets every penny from me. The step father is a great dad to my son and I feel... View More

Angela L. Haas
Angela L. Haas
answered on Jul 23, 2019

Yes. You just need to file a Consent to Adoption. Once the adoption is final, your rights will then be terminated.

1 Answer | Asked in Adoption for North Carolina on
Q: we have had custody of our 11 year old grand daughter since she was 5 thru a chapter 5 award by the Franklin County,

judge and we have tried to adopt her to ensure she is protected and that she is finacially provided for. We have been told that we cannot do that without the mothers consent. she has made no attempts to stop using drugs or comply with anything to at least get visitation rights. what can we do to... View More

Angela L. Haas
Angela L. Haas
answered on Jul 11, 2019

I've responded to your question from later today. Same response would be applicable here.

1 Answer | Asked in Adoption for North Carolina on
Q: who can talk to us about how to adopt my 11 year old grandchild that we now have custody of. mother will not consent
Angela L. Haas
Angela L. Haas
answered on Jul 11, 2019

If the mother will not consent, then you have to file to get her parental rights terminated. There are 11 grounds which could justify the court terminating parental rights, in addition to determining that it would be in the best interest of the child that the parent's rights be terminated.... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Constitutional Law and Education Law for North Carolina on
Q: How long did it take you to become a lawyer?

specifically, how long you were in school and what classes you took.

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2019

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing,... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: How to get custody over a friends child?

How to I get coustady over a ex friends child? They are both refusing for me to get her but after December the 19th they get all rights room from them and the child goes to foster care how can I get the little girl so she doesnt go to foster care? Only reason they dont want me to get her is because... View More

Sara W. Harrington
Sara W. Harrington
answered on Dec 26, 2018

Because she is already involved in the Social Services system, you can contact Social Services and express an interest in the child being placed with you. You will have a better chance of the child being placed if you agree to take a foster parenting class (called Model Approach to Partnerships in... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: Can my father regain custody of my sister after signing guardianship over to me?

Around eight months ago my father signed my sisters over to me. I went through the process and was granted guardianship of them. He has a lengthy history of physical violence, drug abuse, theft, and so on. However, there are no legal documents that show the physical, mental, and emotional abuse... View More

Melissa Averett
Melissa Averett
answered on Sep 13, 2018

Its very hard to overturn guardianship, much harder than modifying a custody order. To overturn guardianship, your dad would have to prove that you breached your duty of care to your sisters.

That said, I think I would wait on the adoption. He can fight you on the termination of his...
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1 Answer | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: 10 year old is scared of her non- custodial mother during supervised visits with maternal grandmother.

NC court order awarding full custody to paternal grandparents and visitation to maternal grandmother who must be supervising the child when her mother is present. This court order went into judgment when the child was 2. She is going to be 10 and is deathly scared of her mother’s anger. The... View More

Amanda Bowden Johnson
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answered on Mar 9, 2018

I have been doing this a long time and have heard this type of story more times than I care to remember and right off the bat, your story doesn't sound right. Here's why: If things are in fact as bad as you say they are, why in the world would you be even the slightest bit concerned... View More

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