kinda tricky

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Latest post 02-27-2006 7:18 PM by LynnM. 6 replies.
  • 02-24-2006 11:08 PM

    Question [=?] kinda tricky

    i have a 7 year old child, who has never seen her father. we use to live in the state of NJ and the father did sign his rights away. the paper says he has no say in what i feel is best for my child, he does not pay support in fact i have never asked him too. i am now married and live in NC my husband wants to adopt my child, the tricky part is does the adoption fall under NC law now since we live here or does it fall under NJ law.
    i really need some advice on this one, we wanna do this without cause any mental stress on my child, oh yeah and my child has been asking to have her named changed to ours, and she loves her step father and he is all she has known as a father... would she also be able to tell a judge what she wants?
    please help!!!
  • 02-25-2006 2:48 PM In reply to

    • Kivi
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    Feedback [*=*] re: kinda tricky

    Since the child and prospective adoptive parent are residents of SC, you would initiate adoption proceedings in SC.

    You stated that her bio dad signed away his rights. I am not sure what that actually means here.

    Adoptions are not good DIY legal projects. Consult a local family law attorney and take along that piece of paper in which bio dad "signed away his rights" for review. Depending upon what it says, you may or may not need to terminate bio-dad's parental rights. The attorney can tell you if it is legally sufficient or if you need something else from bio dad.
  • 02-25-2006 3:59 PM In reply to

    Feedback [*=*] re: kinda tricky

    "we use to live in the state of NJ and the father did sign his rights away."

    Only a court order terminates the parent-child relationship.

    "the tricky part is does the adoption fall under NC law now since we live here or does it fall under NJ law."

    Where you live, normally.

    "my child, oh yeah and my child has been asking to have her named changed to ours"

    If she asked to drive the car, would you let her do that? Children are incompetent to make 'big' decisions.

    "would she also be able to tell a judge what she wants?"

    At 7, I hope not.
  • 02-25-2006 9:27 PM In reply to

    re: kinda tricky

    ok i was looking at the paper work i have from the courts and it says that i am sole custodial parent, and it also says that he(bio) father decision not to have an active participation in the minor child life.
    i am confused on what that means? did he sign his rights away?

    we live in NC but the court papers were done in NJ when my child and i lived there.. sorry i am just really confused in all this...

    thanks for your help!
  • 02-26-2006 1:41 AM In reply to

    re: kinda tricky

    No, his rights were not terminated. Not actively participating means he has chosen not to visit but he is still legally dad and still has rights. This is not a do it yourself project. You need counsel.
  • 02-26-2006 5:31 PM In reply to

    Feedback [*=*] re: kinda tricky

    "it also says that he(bio) father decision not to have an active participation in the minor child life."

    I suspect that is there because state law requires a judge to explain why he didn't give the NCP any visitation.

    "did he sign his rights away? "

    Likely doesn't mean that. Anything like that would talk about how his relationship to the child has been terminated.
  • 02-27-2006 7:18 PM In reply to

    re: kinda tricky

    No, he has not had his rights terminated. Contact a local adoption attorney for advice on how to procede.
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