Lawyers, Answer Questions  & Get Points Log In

North Carolina Adoption Questions & Answers

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... Read more »

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 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. This is... Read 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.

Timur 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, negotiable... Read 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... Read more »

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... Read 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... Read more »

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...
Read more »

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... Read more »

Amanda Bowden Houser 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 about losing... Read more »

1 Answer | Asked in Divorce and Adoption for North Carolina on

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... Read more »

Amanda Bowden Houser answered on Jan 31, 2018

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 Answer | Asked in Family Law and Adoption for North Carolina on

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... Read more »

Amanda Bowden Houser answered on Jan 9, 2018

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... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on

Q: Would it be legal for her to move in if she is emancipated? Also what would it take for her to get emancipated?

My girlfriend and I want to move in together in my parents house, (she's almost 15, and I am 15) She is a foster child, She lives in North Carolina, and i live in Pennsylvania, her dad sort of wants her out, and we're thinking if we upset him he'll kick her out, but she wants to try to get... Read more »

Amanda Bowden Houser answered on Jan 8, 2018

Yes, if she is emancipated but it is difficult to get emancipated. She would need to prove she can provide for herself financially and more importantly, has the common sense to take care of herself and make appropriate decisions. Neither of which is qualities of most 25 year olds let alone a 15... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on

Q: how is the process of termination of rights

My son's biological father has never seen my son and has expressed intrest in terminating his parental rights. My son has a father in his life who has been around since birth. him and I are no longer in a relationship and he is now married. Despite our relationship not working he is still in my... Read more »

Amanda Bowden Houser answered on Dec 5, 2017

Obviously a man married to someone else is not a candidate to adopt your son and his continued presence in your child's life is potentially not in the best interest of his new family or your child. As to the father terminating his rights, he can not do that unilaterally - you would need to start... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on

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... Read more »

Amanda Bowden Houser answered on Oct 25, 2017

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... Read more »

1 Answer | Asked in Adoption, Family Law and Probate for North Carolina on

Q: In my grandmas will she didnt list my mother she adopted at 3 as one of her children. Is she still entiled something?

Will Blackton answered on Apr 24, 2017

An attorney would have to review your grandma's will before making this determination.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on

Q: I'm a resident of North Carolina can I request my son father parents right terminated, based on abandonment over 6 yrs??

He's currently been taken to court in VA for not paying child support since 2011 because I got married with my husband. My husband is trying to adopt my son and change his last name!! My son doesn't know/understands that he's not his biological father and constantly ask why he has a different last... Read more »

Amanda Bowden Houser answered on Mar 16, 2017

If you and the child have resided in NC for at least the last 6 months, it may be possible to petition to terminate parental rights. If you are successful in terminating his right you will also terminate his obligation to pay child support - you don't get both. Contact a local family law attorney... Read more »

1 Answer | Asked in Adoption and Family Law for North Carolina on

Q: I want my step dad to legally adopt me. Where do I start? Do I have to file in my state of residency or his? Help

He has been my step dad since Age 2. I am 31 years old and married for 10 years. My biological father was abusive physically, mentally, and monetary, towards my mother and when he went after us she left him. My biological is somewhere in Ca he owes an extensive amount of child support still from... Read more »

Amanda Bowden Houser answered on Nov 30, 2016

You are an adult, the time for you to have been adopted has passed. Some states do allow the adoption of an adult but usually only if the adult meets certain requirements such as being physically and / or mentally impaired.

1 Answer | Asked in Family Law and Adoption for North Carolina on

Q: What do I need in order to terminate ex husbands rights to daughter he has not seen in 6 years?

Ex husband and I have been separated almost 6 years and divorced 4. He has not seen daughter since 10/9/2010. I have since remarried and want to terminate rights and have my now husband adopt daughter

Melissa Averett answered on May 5, 2016

You would need to file a petition with the clerk of court in the jurisdiction where the child lives alleging one or more of the grounds listed in NCGS 7B-1111. The petition has to be served on your ex husband. The court will appoint a guardian ad litem to investigate if the termination is in the... Read more »

1 Answer | Asked in Juvenile Law and Adoption for North Carolina on

Q: can a 17 year old girl leave adoptive parents and go back to birth parents in north carolina legally

Melissa Averett answered on Oct 5, 2015

No. Assuming the adoption was done correctly, your biological parents have no rights under NC law. Your adoptive parents can have law enforcement make you come back until you are 18. I realize that seems like a long time from now, but its not. If you are being physically abused, call law... Read more »

1 Answer | Asked in Adoption for North Carolina on

Q: How do I file a petition to open sealed adoption records? I know nothing about my REAL parents(name,address,DOB nothing)

Kenneth Mitchell Kaplan answered on Apr 23, 2011

You must File a Petition to Unseal an Adoption and explain the reasons why you need the records unsealed. Medical reasons are usually approved by the Court.

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.