Fighting Parental Rights Termination in North Carolina
After having a child, both parents likely maintain parental rights in North Carolina. However, under certain circumstances, one parent may lose their parental rights. Here’s how to fight parental right termination in North Carolina.
A party may lose their parental rights under specific circumstances in North Carolina. A parent who loses their parental rights can fight the termination in North Carolina.
Causes for Parental Right Termination in North Carolina
In North Carolina, one may terminate parental rights if any of the following occurs:
- Parental abuse or neglect towards the child
- Failing to pay child support for a year or more,
- The father had the child outside of wedlock and did not legitimate their child,
- Incapability to raise the child sufficiently,
- Child abandonment, or
- Other circumstances North Carolina deems suitable.
Related: North Carolina Marriage Laws
Who Can File for Termination of Parental Rights in North Carolina?
Not everyone can file for parental right termination in North Carolina. Specific individuals, such as the opposing parent, legal guardian, adoptive parent, or a social services agency, must bring forth a parental right termination petition.
If a child has lived with a caregiver for over two years, the third party may also file for parental right termination in North Carolina.
Parental Right Termination and the North Carolina Court
A North Carolina court determines whether parental right termination is in the child’s best interest. If an outside party files the petition, child services may bring the case to court or carry out the litigation process.
To determine the child’s best interest, a North Carolina court will assess:
- The child’s age,
- The parent and child’s relationship,
- The child’s relationship with the other parent or guardian and/or
- Any other relevant information.
FAQs about Parental Right Termination in North Carolina
Will an attorney help decipher whether parental right termination is appropriate?
Yes, a family law attorney will be an asset when determining the claim’s validity and seeking parental right termination.
What happens after a parent’s rights terminate in North Carolina?
If a parent loses parental rights in North Carolina, they lose their opportunity to seek child custody or visitation. North Carolina does not require a party with terminated parental rights to pay child support.