Terminating your own parental rights
You may not petition or move the court to terminate
your own parental rights.
N.C. Gen. Stat. 7B-1103 limits who can file a petition or
motion to terminate the parental rights of one or both parents of
a minor juvenile to the following people:
(1) Either parent may seek to terminate the parental rights of
the other parent.
(2) Any person who has been judicially appointed as the
guardian of the person of the juvenile.
(3) Any county department of social services, consolidated
county human services agency, or licensed child-placing agency
to whom custody of the juvenile has been given by a court of
competent jurisdiction.
(4) Any county department of social services, consolidated
county human services agency, or licensed child-placing agency
to which the juvenile has been surrendered for adoption by one
of the parents or by the guardian of the person of the
juvenile, pursuant to statute.
(5) Any person with whom the juvenile has resided for a
continuous period of two years or more next preceding the
filing of the petition or motion.
(6) Any guardian ad litem appointed to represent the minor
juvenile pursuant to G.S. 7B-601.
(7)Any person who has filed a petition for adoption pursuant to
G.S. 48 et. seq.
Grounds for Terminating Parental Rights
The court may terminate a parent's rights if it finds one or more
of the following has occurred:
(1) The parent(s) has abused or neglected the child, according
to statutory meaning;
(2) The parent(s) has willfully left the juvenile in foster care or a
placement outside of the home for more than 12 months
without showing to the court's satisfaction that reasonable
progress has been made to correct the conditions which led to
the removal of the juvenile.
(3) The juvenile has been placed in the custody of a county
department of social services, a licensed child-placing agency,
a child-caring institution, or a foster home, and the parent, for a
continuous period of 6 months next preceding the filing of the
petition or motion, has willfully failed for that period to pay a
reasonable portion of the cost of care for the juvenile, though
physically and financially able to do so.
(4) One parent has been awarded custody of the juvenile by
judicial decree or has custody by the agreement of the parents,
and the other parent whose rights are sought to be terminated
has for a period of one year or more next preceding the filing of
the petition or motion willfully failed without justification to pay
for the care, support, and education of the juvenile, as required
by said decree or custody agreement.
(5) The father of a juvenile born out of wedlock has not, prior
to the filing of a petition or motion to terminate parental rights:
a. Established paternity judicially or by affidavit filed in a central
registry maintained by the DHHS; or
b. Legitimated the juvenile pursuant to G.S. 49-10 or filed a
petition for this purpose; or
c. Legitimated the juvenile by marriage to the juvenile's mother;
or
d. Provided substantial financial support or consistent care with
respect to the juvenile and mother.
(6) That the parent is incapable of providing for the proper
care and supervision of the juvenile, such that the juvenile is a
dependent juvenile within the meaning of G.S. 7B-101, and
that there is a reasonable probability that such incapability will
continue for the foreseeable future. Incapability under this
subdivision may be the result of a substance abuse, mental
retardation, mental illness, organic brain syndrome, or any
other cause or condition that renders the parent unable or
unavailable to parent the juvenile and the parent lacks an
appropriate alternative child care arrangement.
(7) The parent has willfully abandoned the juvenile for at least 6
months immediately preceding the filing of the petition or
motion, or the parent has voluntarily abandoned an infant
pursuant to 7B-500 for at least 60 consecutive days
immediately preceding the filing of the petition or motion.
(8) The parent has committed murder or voluntary
manslaughter of another child of the parent or other child
residing in the home; has aided, abetted, attempted, conspired,
or solicited to commit murder or voluntary manslaughter of the
child, another child of the parent, or other child residing in the
home; has committed a felony assault that results in serious
bodily injury to the child, another child of the parent, or other
child residing in the home; or has committed murder or
voluntary manslaughter of the other parent of the child.
(9) The parental rights of the parent with respect to another
child of the parent have been terminated involuntarily by a court
of competent jurisdiction and the parent lacks the ability or
willingness to establish a safe home.
Procedure for Terminating Parental Rights
Because terminating someone's parental rights is a major step
and because the Petition or Motion that Marie Mobley files for
you must contain specific information, Mrs. Mobley will start
by meeting with you to get the necessary information. As with
any lawsuit, the person whose rights are sought to be
terminated must be served. Mrs. Mobley will attempt to serve
the parent(s) by registered and/or certified mail, by sheriff, and
by personal service. If these methods do not work, service
may have to be achieved by publication (i.e. in a newspaper).
Once the parent(s) has been served, the parent(s) is given time
to respond to the Petition or Motion. After the time for a
response has passed or after the parent(s) has filed a response,
the court then orders a hearing on the Petition or Motion. The
first hearing is an Adjudicatory Hearing. At this point, the
court, without a jury, hears evidence and finds facts to
adjudicate whether any of the circumstances set forth in the
General Statutes authorizing the termination of parental rights
exists. Next, the court determines whether terminating the
parent's rights is in the juvenile's best interests. In making this
determination, the court considers a host of factors.
Effect of Terminating Parental Rights
An order terminating parental rights completely and
permanently terminates all rights and obligations of the parent
to the juvenile and of the juvenile to the parent arising from the
parental relationship except that a juvenile can inherit from the
juvenile's parent until there is a final order of adoption issued.
Also, the parent is not entitled to notice of proceedings to
adopt the juvenile.
If you are seeking to terminate someone's parental rights
contact Marie Mobley to discuss your case. If you have been
served with a Motion or Petition to terminate your parental
rights, the law limits the time that you have to respond; contact
Marie Mobley to discuss your claim today.
