Terminating parental rights is not something the courts take lightly. The law in North Carolina outlines very specific situations when a parent’s rights may be terminated and another party given the legal right to oversee the child’s wellbeing. The best interests of the child are the guiding factor.
When Can Parental Rights Be Terminated in NC?
While terminating parental rights is most common where the child is under the age of 18 (a juvenile), there are situations where a parent may be the legal guardian for an adult child who is disabled or otherwise unable to care for him or herself. Parental rights or guardianships may also be terminated under similar circumstances.
Here are some common examples where parental rights may be terminated:
- The child is abused or neglected. It does not matter if the abuse is physical or emotional. It also does not matter if the parent is the abuser or intentionally allows another person to abuse the child. Parental rights may also be terminated if the parent encourages or directs the child to commit “delinquent acts involving moral turpitude.”
Serious neglect also falls into this category. There may not be direct physical or emotional abuse, but failure to provide adequate care such that the child’s welfare and safety are compromised constitutes neglect.
- The child has remained in foster care for more than 12 months while the parent has not made sufficient effort to improve their situation such that the child and parent could be reunited. Examples of this are often found when the child is placed in foster care due to the parent’s unaddressed substance misuse. It is important to note that the courts will not terminate parental rights solely due to the parent’s financial situation (poverty).
- Failure to support the child when ordered to do so and when capable of doing so. This may include situations where the child has been in foster care for more than six months and the parent refuses to pay part of the cost of care. Another example includes willful refusal to pay child support to the parent who has been awarded custody (again, when capable of paying) for one or more years as ordered in a custody agreement or by the courts.
- The parent is incapable of caring for (or supervising) the child and this situation is expected to continue. Examples include situations where the parent is intellectually disabled, has suffered a traumatic brain injury, suffers from mental illness, is in prison and will remain there until the child is an adult, etc.
- While less common, a parent who has murdered or committed a felony assault resulting in the severe injury of the child or one of its siblings (or who has murdered the other parent) may have their parental rights terminated.
As always, the law in NC around terminating parental rights attempts to address as many situations as possible. That said, each situation is different. If you have questions about terminating parental rights, please reach out to schedule an appointment with one of our family law attorneys.