Legal Question in Family Law in North Carolina

In North Carolina, if a child is born to parents unwilling to keep the baby, can that child's guardianship be signed over to another individual without going through a legal adoption? What is the legal status of that child as related to the new guardians?


Asked on 9/09/11, 7:26 am

1 Answer from Attorneys

Guardianship is for children who have lost both parents. Usually a relative will apply to the court to be a guardian of the child. The guardian stll needs to apply to the court and be bonded.

I don't know what you mean by "legal status." The child is called the ward; the guardian is the guardian. The guardian makes all decisions regarding healthcare for the child and uses any property of the child for the child's benefit. When the child turns 18, guardianship is over and the child is on his or her own. The child has no rights of inheritance from the guardian (depends on the relationship though). The biological parents are still the biological parents.

If the parents don't want the child. the logical thing is to let the child be adopted, either by someone in the family (such as a grandparent or sibling) or an outsider.

I don't know what your are trying to accomplish, but there is a legal way to do it and it involves the courts, not sneaking around and doing things outside of coourt.

If the parents do not want to do either the guardianship or adoption, the parents can have an agreement drawn up giving temporary custody of the child to the other person. This can be an agreement done outside of court. The parents will also have to execute a health care power of attorney for minors. The agreement should also require the parents to pay support for their child. If this process is used, you will still need to see an attorney so that thge agreement is drafted properly. If the parents want to visit the child, this will have to be covered too.

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Answered on 9/09/11, 9:00 am


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