Legal Question in Family Law in North Carolina

stepchild adoption

My daughter's stepfather wants to adopt her. She's 14 and just moved to Idaho. I just joined the Army at Ft. Benning, GA. I pay child support on a regular basis, which come out of North Carolina. I do NOT want to give up my parental rights. The stepfather plans to take it to court. Can he adopt her without my permission?


Asked on 9/04/08, 4:05 pm

2 Answers from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

Re: stepchild adoption

If she's in Idaho that's the law that will prevail so you need to contact an Idaho attorney. Here in Georgia we would have a termination hearing to determine if you have lost your parental rights. If you are paying support but never exercised any parental care or control they could have a case. You don't state enough information in the question to give you much info, but you should contact an attorney if you are served with the adoption petition. There are many relevant factors, such as whether the child is legitimate, how much time you've spent with the child, whether the child wants to be adopted, etc. But, to simply answer your question, yes he could possibly adopt her without your permission. It's called a contested adoption.

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Answered on 9/04/08, 4:12 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: stepchild adoption

Ordinarily, you cannot be forced to give up your parental rights. Consult with local attorney.

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Answered on 9/05/08, 9:03 pm


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