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?
3 Answers from Attorneys
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.
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.
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.