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: A Comprehensive Overview In North Carolina, the grounds for the involuntary termination of parental rights are governed by specific guidelines and laws to ensure the best interest and well-being of the child. These grounds are entrenched in the North Carolina General Statutes under Chapter 7B, Article 11. Involuntary Termination of Parental Rights. There are several types of North Carolina grounds for the involuntary termination of parental rights, each addressing specific circumstances and situations that may endanger the child's safety, welfare, or emotional development. Below, we will delve into the various grounds for such termination under North Carolina state law: 1. Abuse or neglect: If a parent has engaged in a pattern of abuse or neglect towards the child, it may be grounds for the involuntary termination of parental rights. Abuse or neglect can include physical, sexual, or emotional abuse, as well as inadequate provision of essential care, such as food, shelter, and medical treatment. 2. Abandonment: If a parent has willfully abandoned the child for a prolonged period of time without providing reasonable support or contact, this can constitute grounds for termination. Abandonment typically involves the deliberate choice to forsake parental responsibilities and maintain no communication or involvement in the child's life. 3. Failure to support: If a parent has persistently failed to provide financial support or fulfill their obligation to contribute to the child's physical and emotional well-being, it may serve as grounds for termination. This failure may be significant and ongoing despite opportunities or resources being available. 4. Long-term imprisonment: If a parent has been sentenced to a lengthy period of imprisonment term (often three years or more) and cannot provide proper care or maintain a relationship with the child during their sentence, it can be considered grounds for involuntary termination. 5. Felony assault: If a parent has committed a felony offense resulting in serious bodily harm or injury to the child or another family member, it can be grounds for termination. Felony assault often indicates a significant risk to the child's safety and well-being, warranting the severance of parental rights. 6. Sexual abuse: If a parent has been convicted of sexual abuse or assault against the child or another family member, it can lead to the involuntary termination of parental rights. Sexual abuse poses severe and ongoing risks to the child's physical and psychological well-being. 7. Failure to address substance abuse issues: If a parent has a history of substance abuse that has impaired their ability to provide proper care, support, and a safe environment for the child, it can be grounds for involuntary termination. This ground usually requires evidence of repeated attempts to help the parent overcome their addiction without success. It is important to note that these are just some North Carolina grounds for involuntary termination of parental rights, and each case is unique. The court assesses each situation individually, prioritizing the best interest of the child before making a determination. Seeking legal advice is crucial if you believe that any of these grounds or other circumstances exist in your case. An experienced attorney can guide you through the complex legal process, ensure your rights are protected, and help ensure the child's well-being is prioritized in the decision-making process.
