Can my husband adopt my child? Can we move as a family out of the country?

Asked over 3 years ago - Fayetteville, NC

My ex does not pay child support and rarely visits our 5 year-old, who wants nothing to do with him. My husband wants to adopt her and also we want to move because he is a military contractor outside of the country as a family with our son. My ex has never had custody, and signed a previous document at child support stating that if he was a non-custodial parent and he would provide insurance if he had a job that had one (for medicaid purposes only) but then I closed the case when my husband got insurance on our daughter. Can I get a passport without his consent? Can I have my husband, who has raised her since 18 months, adopt my child? Please help.

Attorney answers (1)

  1. Gregory J. Brewer


    Contributor Level 14

    Answered . Talk to your ex about terminating his parental rights to the child. Your current husband cannot adopt unless the ex's rights are terminated. He can either voluntarily do that as part of an adoption process, or you can file a TPR proceeding and force the termination based on failure to pay child support, etc. under G.S. 7B-1111. Read that statute. You definitely need to see a local lawyer in Fayetteville.

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