I am not married to my significant other, but I have been the “other parent” to his 9 year old biological son for 6 years, I have my own biological son and we have twin toddlers together. I have “Temporary Guardianship” with no specified end date from our home state of Florida from last year (03/20/2020) when my significant other was incarcerated, as well as Durable Power of Attorney for him. My stepson’s biological mother abandoned him 8 years ago and had her rights terminated by the courts in Florida. We have all relocated to North Carolina in 07/2020, I want to know how I can legally adopt my stepson without legally marrying my significant other, or file for shared custody? Or is my only option to try to file for Temporary Guardianship again in North Carolina (if that is even an option up here)? I am not trying to take custody from my significant other, but he has drug and alcohol addiction and I want to protect my rights and relationship with my stepson as I am his primary caregiver and sole parent involved in all of his medical and educational needs. I want to legally be his mother.
You will need to file a child custody action against the father assuming the minor child has resided in the State of North Carolina for the last 6 months. As a parent figure to the child and who has been the primary caregiver and has acted significantly like a parent, you are entitled to file a custody action.
The judge is required to award custody to the person(s) that will best promote the minor child’s best interests.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.