mother died, stepdad wants custody, dad says no, biological dad says yes

[leslie kennedy]

Recently, my friend's mom died following a battle with cancer. My friend and her brother would like to stay with their stepdad. Their dad says no, and wants them to return to North Carolina at the end of this current school year. However, this man is not their biological father. Their biological father lives in Florida, and he says he has no problem with their stepdad adopting them. He also says that he never signed the original adoption papers for the North Carolina father to adopt his two children. My friend's mother didn't say anything in her will reguarding custody of the children. The stepfather would like to adopt them, and remain in Ohio. Since their biological father never agreed to, or signed, the original adoption papers of North Carolina, is that adoption actually legal? If so, is there any way that the biological father can help the children to stay with their stepfather? Any replies would be greatly appreciated. This matter is urgent, because the current school year ends on June 7, 2001, and the dad in North Carolina wants the children to return to NC to live with him. Thanks to all who have replied or intend to reply to this post.

 

[LadyBlu]

Recently, my friend's mom died following a battle with cancer. My friend and her brother would like to stay with their stepdad. Their dad says no, and wants them to return to North Carolina at the end of this current school year. However, this man is not their biological father. Their biological father lives in Florida, and he says he has no problem with their stepdad adopting them. He also says that he never signed the original adoption papers for the North Carolina father to adopt his two children. My friend's mother didn't say anything in her will reguarding custody of the children. The stepfather would like to adopt them, and remain in Ohio. Since their biological father never agreed to, or signed, the original adoption papers of North Carolina, is that adoption actually legal? If so, is there any way that the biological father can help the children to stay with their stepfather? Any replies would be greatly appreciated. This matter is urgent, because the current school year ends on June 7, 2001, and the dad in North Carolina wants the children to return to NC to live with him. Thanks to all who have replied or intend to reply to this post.

Most states have laws in effect that allow a step parent to adopt a child or children if abandonment can be proven. The key issue here is, did the step father in NC actually legally adopt the children? Has the bio father paid support and had visitation privileges? If there was no LEGAL adoption in place then the step father can petition the court in the state that he is in for legal custody.

I would strongly suggest that he speak to a couple of local atty's to find out if the step father in NC has any legal rights, and if it is at all possible for the court to allow him to retain physical custody.