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North Carolina Adoption Questions & Answers
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... Read more »

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
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... 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 Johnson
PREMIUM
Amanda Bowden Johnson
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... 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
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... Read more »

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
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... 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 Johnson
PREMIUM
Amanda Bowden Johnson
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
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
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
PREMIUM
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.

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