My question involves adoption law for the State of: NC
Our son was given to us by an extended family member (his grandmother) when he was 13 months old. We are not blood relatives. The mother's rights were terminated in AZ, when he was 6 months old, and he was placed in foster care. DCS contacted the grandmother when he was 7 months, to see if she would take him. She called us to see if we would take him-we gladly and joyously said YES! She took custody and within 3 days, she flew him out to my husband and I in NC. He was just over a year at this time. She has never contributed financially-for anything including childcare, food, clothing, medical, dental, etc., except for birthday and Christmas gifts.
She kept telling us that she had not been able to establish legal custody yet, as it was having to go through 3 states AZ, CA and NC. Our relationship was amicable at the time, but became contentious eventually. We had told us over and over that she would not try to take him from us, that she was not capable of caring for him, now that she was in her 70's. Foolishly, we took her at her word.
He was almost 6, when she picked him up from the babysitter, without permission and under the pretense of taking him to buy school clothes. She had not seen him for 11 months prior, despite now living just blocks away in NC. When my husband called her, she told us we would never see him again. When my husband went to her home, he was told by the police that because she had Legal Custody, he would have to leave, and we could fight it out in court. This was despite the fact that he had been solely in our care for almost 5 years.
We got an attorney and filed for emergency custody and were granted an ExParte order. We received temporary guardianship 2 weeks later, by proving Abandonment of Care. It also came out in court that she had adopted him this year and had lied numerous times on the paperwork.
Throughout the 18 months it took for us to get permanent custody, his grandmother was first granted only supervised visits for 2 hours 1x a month, then an unsupervised visit for 1 overnight, and now has 1 weekend a month +1 Saturday afternoon on another weekend.
We now have permanent custody, but want to overturn the adoption, based on info above as well as concern for his well being when he is in her home. Unfortunately,we have not been able to find an attorney in our area has any experience with anything like this-HELP!
Thank you so much-we are the only parents he has ever known.
Our son was given to us by an extended family member (his grandmother) when he was 13 months old. We are not blood relatives. The mother's rights were terminated in AZ, when he was 6 months old, and he was placed in foster care. DCS contacted the grandmother when he was 7 months, to see if she would take him. She called us to see if we would take him-we gladly and joyously said YES! She took custody and within 3 days, she flew him out to my husband and I in NC. He was just over a year at this time. She has never contributed financially-for anything including childcare, food, clothing, medical, dental, etc., except for birthday and Christmas gifts.
She kept telling us that she had not been able to establish legal custody yet, as it was having to go through 3 states AZ, CA and NC. Our relationship was amicable at the time, but became contentious eventually. We had told us over and over that she would not try to take him from us, that she was not capable of caring for him, now that she was in her 70's. Foolishly, we took her at her word.
He was almost 6, when she picked him up from the babysitter, without permission and under the pretense of taking him to buy school clothes. She had not seen him for 11 months prior, despite now living just blocks away in NC. When my husband called her, she told us we would never see him again. When my husband went to her home, he was told by the police that because she had Legal Custody, he would have to leave, and we could fight it out in court. This was despite the fact that he had been solely in our care for almost 5 years.
We got an attorney and filed for emergency custody and were granted an ExParte order. We received temporary guardianship 2 weeks later, by proving Abandonment of Care. It also came out in court that she had adopted him this year and had lied numerous times on the paperwork.
Throughout the 18 months it took for us to get permanent custody, his grandmother was first granted only supervised visits for 2 hours 1x a month, then an unsupervised visit for 1 overnight, and now has 1 weekend a month +1 Saturday afternoon on another weekend.
We now have permanent custody, but want to overturn the adoption, based on info above as well as concern for his well being when he is in her home. Unfortunately,we have not been able to find an attorney in our area has any experience with anything like this-HELP!
Thank you so much-we are the only parents he has ever known.
Adoption of Children: Can an Adoption Be Overturned for the Adopter Has Lied on the Adoption Paperwork
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