Summary
Generally, for kinship adoption across state lines, the court that initially granted guardianship (NC) must agree to transfer jurisdiction to the new state (SC). An attorney in NC should handle this request. The biological mothers consent is usually required, especially if she retains parental rights. If she cannot be located, there may be legal provisions to proceed, but these vary by state. Consulting attorneys in both NC and SC is advisable for a smooth process.Full Conversation
We are wanting a kinship adoption of my little cousin who we have guardianship that was given to us by NC. We live in SC and want to persue adoption. We are being told two different things. Do we have to have the NC judge sign off on a motion to move the venue to SC
Yes, you generally need the NC judge to sign off to transfer the case to SC. Here's why:
- NC has jurisdiction since the guardianship was granted there.
- SC can't just take over. The NC court must agree to transfer jurisdiction.
- You should consult a local adoption attorney to assist you.
I have contacted one in SC who says she can't proceed without jurisdiction. And a lawyer in NC said SC could request the venue be moved to SC
It seems like you're in a complex situation, ****. To clarify:
- The NC court initially granted jurisdiction.
- For proceedings in SC, the NC court needs to agree to transfer jurisdiction.
- An SC lawyer can't proceed without this jurisdiction transfer.
Please consult a local adoption attorney in NC for assistance.
Do I also need an attorney in NC
Yes, ****. It's advisable to have an attorney in both states. Your NC attorney should handle the request to transfer jurisdiction, while your SC attorney can handle the adoption once jurisdiction is transferred.
Thank you for the advice
You're welcome, ****. If you have any more questions or need further clarification, feel free to ask. Remember, it's essential to consult with legal professionals in both states for a smooth process. Best of luck with your kinship adoption proceedings.
Also does the biological mom have to be present for this case?
In most adoption cases, the biological mother's consent is usually required. However, the specifics can vary based on state laws. Could you please confirm if the biological mother's parental rights have been terminated in NC?
She still has parental rights but we are getting her to sign over right. But do we need her to have the jurisdiction moved to SC
In most cases, if the biological mother still retains her parental rights, her consent is usually required for jurisdiction transfer. However, specific laws can vary by state, so it's recommended to consult with your NC attorney for more precise information.
Even if we have full guardianship and she also lives in SC
Even with full guardianship, if the biological mother retains parental rights, her consent may be needed for jurisdiction transfer. However, as laws can differ, consult your NC attorney for precise information.
We haven't been able to locate Bio Mom
If you're unable to locate the biological mother, there might be legal provisions to proceed. However, these vary by state. The NC attorney should have experience in these scenarios and can guide you accordingly. Have you discussed this with your NC attorney?
I am waiting on a response. We haven't hire a NC lawyer yet. Emer are trying to figure out if we will be able to proceed
It sounds like a complex situation, ****. Generally, even if you haven't located the biological mom, there may be legal ways to proceed. However, this can vary by state. Thus, hiring an NC attorney who has experience in such cases would be beneficial.
TRY ME!
Start a new chat