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If I am engaged, can I have my child's biological fathers rights terminated? The biological father isn't in the picture (NC)

Roxboro, NC |

In court, the bio dad of my child has been found to be abusive and neglectful to our child. He's had supervised visitation for a year, but hasn't seen his child. He has a history of substance abuse and has been court ordered to take a substance abuse class (and a battery class). He has also been found mentally unstable (and is on medications for his condition). He is failing to pay child support. I left my child's father and got a DVPO (which was renewed for 2 years) and have been through a temporary custody hearing (I was granted legal and physical custody). Now I am engaged. If we are engaged would that help to aid in the biological fathers TPR? I want to terminate his rights due to the fact that he is a horrible father in every way. Do we have to be married for the bio dads TPR?

Attorney Answers 1

Posted

Once you are married your husband can adopt as a step-parent. If the biological father will consent it will save you from having to do a termination action at all. If he won't consent, the marriage itself isn't necessary to have the biological father's rights terminated. However, most Judges are more willing to terminate if someone is prepared to adopt. You will want it to be a step-parent adoption which will require being married.

The information contained in this answer is not intended to be legal advice as the drafter of the answer does not know particular details about your case. For more information please visit our website www.bakerbillick.com

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