Legal Question in Family Law in North Carolina

real dad tring to take custody from real mom and only dad child knows (he wanted

I have been dad to my daughter since she was 5 months old. we tried to get him involved. We moved from nc to va do to me being stationed in virgina because I am military. we told him we were moving and he did not care. he could have contacted us at any time because my mother in laws phone number has not changed.we have no way to contact him (he drifts from place to place, and we get child support 1 time a yr. tax time.)Well now 6 years later the grandmom is wanting visitation. What dose it take to get them out of our lives. Does grandmom have rights in this case even though my daughter has not seen her in 6 yrs. My daughter dose not know the grandmom or real dad by there own choice. is it possible to take him to court and have his rights taken? I am her father and want to adopt her.If he doesn't show to court what happens? If we cant contact him to serve him what happens? Can we have court in Va or does it have to be in NC? There is another big question. My wife has doughts as to if he is even the real father. Can DNA be taken to reliquish his rights. If so then can I adopt her? If DNA proves he is not the father what will happen?


Asked on 8/29/04, 8:28 pm

2 Answers from Attorneys
Shane Jimison Jimison/Homiller, PLC

Re: real dad tring to take custody from real mom and only dad child knows (he wa

A few quick things: jurisdiction would be proper in Virginia. Grandparents have no rights. There should be no problems with you adopting the child, as far as I know. Contact a local family law attorney that does adoptions. As far as child support, you can garnish his wages if you can find where he works.

1 would one- enforce child support.

2- file for adoption of child.

3- I have no opinion as to the paternity issues...your atty will have to do some research here.

you may also wish to formally file for custody of the child if you don't have a custody order already... good luck!

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Answered on 8/29/04, 8:40 pm
Shane Jimison Jimison/Homiller, PLC

Re: real dad tring to take custody from real mom and only dad child knows (he wa

I just re-read your message. The first thing you need to do is for the mother to go to the intake office of her local juvenile and domestic relations court and file for custody of the child.

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Answered on 8/29/04, 8:43 pm


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