Under normal circumstances, no one ties the knot with the goal of divorcing someday. Unfortunately, divorce is part of life. There are times when, despite your best efforts, divorce may be the most sensible thing to do. Here are three instances when you should seriously consider asking your spouse for a divorce, or proceed with one […]
Adopting a child is a serious commitment and should never be taken lightly. The adoption of a child is a lifelong commitment. You are committing to love, support, and nurture a child for life, but in return also receiving lifelong love from them.
Adoption is not just for couples who are unable to conceive. In fact, there are several types of adoptions. North Carolina allows the adoption of children by a relative or guardian following the death or loss of parental rights through court proceedings. Foster parents also may file for the adoption of a foster child through a public agency. North Carolina even supports the adoption of an adult by an adult in applicable circumstances.
Adopting Children In North Carolina
Adoption through public agencies in North Carolina has grown exponentially in the last five to ten years. Why? There are over 3 million children in the state of North Carolina. Close to a half million of those children are living below the poverty line and more than 100,000 children living below the poverty line are under the age of five.
North Carolina Adoption Laws
Chapter 48 of the North Carolina General Statutes establishes North Carolina’s laws on adoption and was written to provide a “clear judicial process for adoption, to promote the integrity and finality of adoptions, to encourage prompt, conclusive disposition of adoption proceedings” In North Carolina, any adult may adopt another individual, except that spouses may not adopt each other. Also, any individual may be adopted in North Carolina. When someone is adopted (the adoptee), their biological family is completely substituted by their new family. The moment the adoption is completed, the adoptee may inherit from their new parents exactly as if, and to the same degree as, a naturally born child of the parent. For all purposes, the adopted individual is the offspring of the parent. The biological parents of an adoptee are released from any and all obligations with respect to their child after the adoption; with few exceptions, past due child support is still owed by the natural parent, and any property owned by the adoptee before the adoption remains the property of the adoptee.
If You Are Seeking Adoption, Where Do You Start?
Adoption procedures can be daunting. In North Carolina, the clerk of the court acts as the judge. Either, the adoptee or the adoptive parents must have lived in the state of North Carolina for at least six months prior to the filing of a petition to adopt by the adoptive parents. If the adoption is an agency adoption, the agency must have legal custody of the adoptee if either of the prior two requirements is not applicable.
If you are adopting through a public agency such as the Department of Social Services, they will be able to offer help, guidance, and advice.
If you are seeking to adopt a stepchild or a child who is the subject of a petition to terminate parental rights, you should consult Jamie Vavonese to either handle the adoption or to advise you as to the consequences of the adoption. There is a multitude of consequences related to adoption with respect to your estate assets and your other children. Therefore, it is recommended that you first contact an attorney before proceeding with any type of adoption. Call Jamie at 919-833-7454.
Vavonese Family Law Legal Blog
Marriage is a sign of commitment between partners. The occasion of a wedding day can be extremely exciting and romantic, but there is also a legal aspect to the institution. Prenuptial agreements are one way that couples opt to protect their rights before tying the knot. For the most part, these documents are legally binding, […]
As a parent going through a divorce, it can be hard to handle issues with your spouse. On one hand, you understand that they are upset or frustrated, but on the other, you know that you both need to work together to resolve your divorce-related issues and move forward. Alternative dispute resolution may help you do […]