This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
North Carolina Grounds for Involuntary Termination of Parental Rights
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How to fill out Grounds For Involuntary Termination Of Parental Rights?
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FAQ
To terminate parental rights, the court must have clear and convincing evidence that a ground to terminate exists and that termination of parental rights is in the best interests of the child. What is in the best interests of the child must be determined by the factors present in each case.
When it becomes clear that a parent cannot care for his or her child, a petition with the county court should be filed. Under North Carolina law, only a child's other parent, a court-appointed guardian, and the county Department of Social Services can begin the process of terminating parental rights.
This proceeding is called a private termination of parental rights (?TPR?) and may be initiated by a parent, guardian, caregiver of at least two years, or someone who has filed a petition to adopt.
North Carolina: For eligibility, three years must pass from the date of termination without permanent placement. The minor child or the child's Guardian ad Litem attorney or the department of social services (when they have custody) are eligible to file to reinstate a former parent's rights.
General Fees Contested Child Custody and SupportStarting at $3,500Post-Separation Support & AlimonyCase by case basisPre & Post Nuptial AgreementsStarting at $1500Termination of Parental RightsStarting at $2,50023 more rows
(a) The district court shall have exclusive original jurisdiction to hear and determine any petition relating to termination of parental rights to any child who resides in, is found in, or is in the legal or actual custody of a county department of social services or licensed child- placing agency in the district at ...
A TPR proceeding is divided into two stages. At the adjudication stage, the party initiating the proceeding (often DSS) has to prove that one or more of those 10 reasons exists. If the judge agrees, the case proceeds to the disposition stage, in which the judge decides whether TPR is in the child's best interest.
In order for a parent's rights to be terminated in North Carolina, the court must find that grounds for termination exist and that termination of the parent's rights would be in the child's best interests. The grounds for termination of parental rights may be found at N.C.G.S. 7B-1111.