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  1. #1
    Join Date
    Aug 2009

    Default Reversing Terminated Parental Rights North Carolina

    My question involves a child custody case from the State of: NC

    Brief Run down:
    Bio-father left 7 years ago. He's had no contact till recently. Bio-Fathers parents have stayed involved for childs well being. Bio-father has had legal issues (involving drugs and Credit fraud) that brought him back to his parents care on the condition that he gets his life together and get involved in his daughters life again. He is now seemingly doing better (has a job and a place to live - no car yet).

    My wife filed with the courts and went through the process to terminate his legal rights. She posted an ad in the local newspaper (due to not knowing where to contact Bio-father). The rights have been terminated roughly 4 years. We are a bit scared to just let him in full force due to pre-mentioned facts and her pre-exsisting emotional problems from abandonment. However we have allowed a 1x meeting setup with all the mentioned people including myself.

    Now that he's back and has the pressure of his parents on him to get involved, he is threatening to take my wife to court to reverse his guardianship standing in my step-daughters life.
    He claims that because of the way it was done that he can easily reverse the process and in the same make us pay for his lawyer.
    I want to know is this a possiblity of reversing and can the courts make us pay for legal representation?

    Also my step-daughter has approached me about adopting her. how could this affect the adoption process if she decides for final that's what she wants to do?
    She is 10 years old at the moment.

    Please advise with anything that might help us out.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Reversing Terminated Parental Rights North Carolina

    Do you want to help the biological father regain legal rights, or do you want to proceed with step-parent adoption? The two are not mutually compatible.

    If it's the latter, I suggest that you proceed to initiate adoption proceedings and ignore the biological father's demands. If he wants to bring a legal claim to set aside the prior termination of his rights, nothing's stopping him.

    Obviously I'm working with incomplete facts, but my guess is that he knows he has a poor chance of recovering parental rights on his own motion - even if there was a problem with the court procedures or notice four years ago, he's done nothing since - but his chances go way up if the mother brings the motion and he stipulates to the restoration of his rights.

  3. #3
    Join Date
    Aug 2009

    Default Re: Reversing Terminated Parental Rights North Carolina

    Mr. Knowitall,

    Thank you for your responce.
    At this time we have decided to hold off on any adoption process due to the maturity level of my step-daughter. We are thinking it may be best to let her grow a little and then ask her then if this is really what she wants.

    In the meantime, My wife is not happy with fact that six months time is supposed to make up for seven years of abandonment. (I'd have to guess at saying that she isn't wanting to endorse his legal rights.)

    However, she is interested in making small advances over the next year or two, in order to introduce him slowly into the kids life.

    If there is any information that I could offer in order to clarify this particular situation please let me know in order to gain the knowledge and confidence to handle this legal action.


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