Legal Question in Family Law in North Carolina

My mother adopted my daughter, I want her back

My wife got pregnant with our daughter shortly after we met, before we were married. We were legally adults, but were unsure of our future together, and our fitness as parents, because of our economic situation at the time, so my parents adopted her. Now, 6 years later, we are married, financially stable, and are expecting our sons birth soon. We have visited our daughter regularly, she knows that we are her birth parents, and we have maintained a relationship with her. Now, with the arival of our son, we would like to regain custody or partial custody of our daughter, so that she can grow up with her brother. My parents live 700 miles away, and my father has recently had a heart attack, and is suffering from severely decreased stamina, and decreased income. We want what is best for her. We don't want to traumatize her by taking her away from my parents abruptly, we would prefer that she spend summers here and maybe some holidays until she is comfortable staying with us. My parents however will probibly not consent to anything. Do I have any rights under North Carolina law, to reclaim her, or petition for partial custody? Thanks for your help.

Asked on 11/21/05, 1:42 am

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: My mother adopted my daughter, I want her back

Understand that I am a Louisiana Lawyer and it is possible that North Carolina law might be different.

Under Louisiana law for anyone to have adopted the child the biological parents' rights had to be terminated. Probably you both surrendered your parental rights when the grandparents adopted. If so, you have no parental rights.

Maintain your close relationship with your daughter and your parents. As everyone gets older the arrangement you suggest might become more feasable.

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Answered on 11/21/05, 8:04 am

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