This guide provides an overview of relinquishing and terminating parental rights. Topics discussed include reasons for termination or relinquishment of parental rights, due process issues, evidentiary matters, and more.
North Carolina USLegal Guide to Giving Up and Signing Over Parental Rights
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FAQ
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.
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.
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.
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.
You may be wondering: Can one simply give up their parental rights in North Carolina? The short answer is ?no? ? you cannot voluntarily relinquish parental rights or parental responsibilities. Instead, there must be a court proceeding in which the judge orders termination of parental rights (TPR).
Parents who do not have physical custody have the right to visitation, and the courts can order a visitation schedule that is reasonable. The other parent is required to adhere to this schedule, and allow liberal access for the other parent.
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