My Husband Adopted My Son Before Filing for Divorce. How Do I Claim Legal Custody?

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“My husband adopted my son and a year later he left us. We live in the state of NC where you have to be separated for a year before you file. During this past year he has had nothing to do with us; we don’t even know where he is. Today I received divorce papers in the mail and he stated that “There were no children born of the marriage”. Biologically this is true. However he legally adopted my son so do I need to change this line and claim physical and legal custody of my son…or is there a way to just terminate the adoption? He obviously has no interest in actually being a father…and I do just fine providing for my child on my own.”

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You will need to consult with a North Carolina family law attorney who is familiar with the adoption laws of your state, or speak with both a family law attorney and an adoption attorney. However, generally speaking, once an adoption is finalized, the legal obligations and rights of the adoptive parent are identical to that of a biological parent, and so you would need to amend the divorce petition to include your son, and both you and your husband will have the full rights (time with your son) and responsibilities (child support) of a natural parent.

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Author: House Attorney

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