Legal Question in Family Law in North Carolina

legal custody and adoption

my daughter was charged with neglect and finially i was given legal custody of my grandson. I have had custody of him for two years now and would like to adopt him will i need consent from her being i have legal custody? what steps do i need to take?


Asked on 1/13/01, 10:57 pm

3 Answers from Attorneys

Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: legal custody and adoption

Adoptions are complicated, there would be many

questions I would need to ask you to properly

answer your question. If your question is not

answered on this page by the other attorneys

then e-mail me for help.

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Answered on 2/05/01, 9:23 pm
Bob Leonard Bob Leonard Law Group, PLLC

Re: legal custody and adoption

I am not sure what you mean by "I was given legal custody". Were your daughter's parental rights terminated? If so, then you may adopt without input from her. If, as is typically the case, you were named "managing conservator" and she was named "possessory conservator", then you may not adopt until her rights are terminated.

IF she agrees to relinquish her parental rights, then the adoption is a fairly straightforward process. The only problem is that a judge might not want to terminate her rights because that would remove her responsibility for the child in the event that you were not able to care for the child in the future.

If she DOES NOT agree, then her rights must be involuntarily terminated. There are several grounds for this, including neglect and abandonment. She is entitled to an attorney and the court will appoint one for her if she cannot afford to hire one. A contested termination lawsuit is one of the more difficult areas of family law.

If you live in the Austin area, I would be happy to discuss this with you; please call my office for an appointment.

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Answered on 1/31/01, 10:11 am
James Grissom Law Office of James P. Grissom

Re: legal custody and adoption

abondonment & abuse are grounds for termination of parental rights without permission of the natural parent. If you want my assistance in the adoption, please call me at 1-888-243-0560.

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Answered on 1/30/01, 10:01 am


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