What is the name of your state? NC
My previous stuff is here https://forum.freeadvice.com/showthread.php?t=367288 and here https://forum.freeadvice.com/showthread.php?t=370902
My dilema today is that I went to file the TPR yesterday and was told that I had to wait till today because the correct clerk was not in. I went downstairs to see if I could file the adoption packet before I did the TPR and they told me no, that I had to wait 7 days after I filed the TPR.
So this morning I went to the correct clerk and she tells me that she has never seen what I was given as a TPR, that I had to take it to the Special Proceedings clerk. So I went back down to the SP clerk who tells me that I can't file it seperately, it all has to be filed together. So I come back to my office, get all the papers (the petition, my consent, and my daughter's consent, the last court order, and the TPR consent of my ex) and take it all back to the SP clerk, who then tells me that I don't have all the paperwork. I ask her what else I'm supposed to have and she says that I need an Order of Report and the TPR. I pointed to what my attorney told me was the TPR and she said no, that that just consented to my daughter being adopted, it didn't terminate Ichabod's rights...
EVEN THOUGH ....
# 5 SAYS : That I voluntarily consent to the transfer of any right I have to legal or physical custody of the adoptee to the petitioning stepparent and the child's other parent, XXXX
AND#7 SAYS : That I understand that when the adoption is final, the legal relation of parent and child between adoptee and me will be terminated, including all rights of the adoptee to inherit as a child from and through me, and that the adoption will extinguish anyu existing court order of custody, visitation, or communication with the adoptee, except that I will remain liable for past dur child support payments, unless legally released from this obligation.
I called my attorney's office and was informed that he is in court in another county. I left a message for me to call me ASAP which he did about 30 mins ago. He said he doesn't know what else they want, that there is a checklist they follow for voluntary TPR and stepparent adoption consents, and that we have everything required. I asked him about the Order of Report and he said that it should have been waived because of the number of years she has lived with us.
My ex made me sign a paper saying that I'd file these today (yes I know, stupid of me, but he made me sign this and made the notary sign it before he would sign the consent) so, while that may consitute duress, I want these filed and over with too.
Does anyone have any ideas or knowledge about this?? Is there some form that my attorney and/or I have missed? I have combed the statutes and nothing I've found in NCGS Chapter 48 Article 4 says anything about an Order of Report or a seperate TPR of some sort. Please help me
My previous stuff is here https://forum.freeadvice.com/showthread.php?t=367288 and here https://forum.freeadvice.com/showthread.php?t=370902
My dilema today is that I went to file the TPR yesterday and was told that I had to wait till today because the correct clerk was not in. I went downstairs to see if I could file the adoption packet before I did the TPR and they told me no, that I had to wait 7 days after I filed the TPR.
So this morning I went to the correct clerk and she tells me that she has never seen what I was given as a TPR, that I had to take it to the Special Proceedings clerk. So I went back down to the SP clerk who tells me that I can't file it seperately, it all has to be filed together. So I come back to my office, get all the papers (the petition, my consent, and my daughter's consent, the last court order, and the TPR consent of my ex) and take it all back to the SP clerk, who then tells me that I don't have all the paperwork. I ask her what else I'm supposed to have and she says that I need an Order of Report and the TPR. I pointed to what my attorney told me was the TPR and she said no, that that just consented to my daughter being adopted, it didn't terminate Ichabod's rights...
EVEN THOUGH ....
# 5 SAYS : That I voluntarily consent to the transfer of any right I have to legal or physical custody of the adoptee to the petitioning stepparent and the child's other parent, XXXX
AND#7 SAYS : That I understand that when the adoption is final, the legal relation of parent and child between adoptee and me will be terminated, including all rights of the adoptee to inherit as a child from and through me, and that the adoption will extinguish anyu existing court order of custody, visitation, or communication with the adoptee, except that I will remain liable for past dur child support payments, unless legally released from this obligation.
I called my attorney's office and was informed that he is in court in another county. I left a message for me to call me ASAP which he did about 30 mins ago. He said he doesn't know what else they want, that there is a checklist they follow for voluntary TPR and stepparent adoption consents, and that we have everything required. I asked him about the Order of Report and he said that it should have been waived because of the number of years she has lived with us.
My ex made me sign a paper saying that I'd file these today (yes I know, stupid of me, but he made me sign this and made the notary sign it before he would sign the consent) so, while that may consitute duress, I want these filed and over with too.
Does anyone have any ideas or knowledge about this?? Is there some form that my attorney and/or I have missed? I have combed the statutes and nothing I've found in NCGS Chapter 48 Article 4 says anything about an Order of Report or a seperate TPR of some sort. Please help me