Parental rights


#1

I’m not certain but I don’t think he can voluntarily give up his parental rights. I believe that they must be taken by the court…I may be wrong.
If his parental rights are removed then no he would not be responsible for child support because he would no longer legally have a child. And yes, she would be able to be adopted by her step-father at that time too.


#2

Her father can consent to your daughter being adopted by her step father, there are some forms that he needs to sign to allow the adoption to go through. That is the easiest way to complete the process.

He cannot voluntarily give up his parental rights, they must be taken from him.

His child support obligation would end when your daughter was adopted.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Helena - Does this mean that you can adopt a stepchild with the consent of their parent but the parent still retains their rights? And if the child support ceased at the time of adoption wouldn’t that essentially be giving up your parental rights?


#4

Sorry if the original post was not clear.

If the biological father consents to the adoption, his parental rights and obligations are terminated as of the date of the adoption.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

17 year old daughter no longer desires contact with father due to domestic violence against me as well as attitude toward her. The father is telling everyone he is going to “write her off”. If he voluntarily gives up his parental rights through the court system…1)is he still liable for child support for her - never court ordered only in notarized separation agreement which was not incorporated in the divorce? 2) Is she eligible to be adopted by her step-father?

Thank you!