I often meet with potential clients who are unsure if they have the grounds to file for a termination of a parent’s rights. From my perspective, these types of cases have become more prevalent in the past few years. The family unit is forever changing as time passes, and more people want to know how to handle a father or mother who is not present in their child’s life.
Under the law and as a parent, you have a constitutionally protected right to parent your child. So, what does it actually mean to terminate parental rights? By terminating parental rights, that parent is no longer considered the child’s parent under the law. The child cannot inherit from that parent upon his or her death, and another person (such as a step-parent, grandparent, or others) can adopt the child as their own. Terminating parental rights is often the first step before an adoption can occur by any individual.
How do you know if you meet the qualifications to file a Petition to Terminate Parental Rights in North Carolina? There are several factors that the Court will consider: abandonment of the child for more than six (6) months; failure to provide court-ordered financial support or care to the child; withholding presence or love for a child (no contact for Birthdays, Christmas, or other holidays); willful and intentional failure to contact a child about the child’s health and well-being; failure to send gifts, write letters or cards to the child; failure to be able to provide care for the child due to substance abuse or other notable reason; and several other factors the Court can consider. Note: you cannot file to terminate your own parental rights. However, if the other parent or a third-party files a petition to terminate your parental rights, you may be able to consent to the termination and possible adoption.
In my practice, I often hear of the “floating parent” which is a parent who floats “in and out” of a child’s life. They may call once a month or send nominal amount of money as a birthday gift. The primary parent is not sure if they can even successfully file a petition because of these sporadic interactions. Often, if that is the case and filing a Petition for Termination of Parental Rights is not the correct avenue for you, there are still other options available to provide your children the stability and support they need. An experienced Family Law attorney can help you strategize and apply those options.
How does filing a Petition to Terminate Parental Rights work? The parent whose termination of rights is sought has to be served with the petition in order to be put on notice of the pending claim. Said parent will be appointed an attorney for representation at the proceedings which is usually surprising to those who file to terminate parental rights. Much like a criminal proceeding, an attorney is appointed to the parent at no cost since parental rights are Constitutionally protected. Speaking with a Family Law attorney about your individual case can provide you the understanding and confidence on moving forward with a termination of parental rights proceeding. The process to terminate a parent’s rights is not a quick or easy process. With the right guidance, your attorney can help ease you through the process.
If you believe that a Termination of Parental Rights proceeding may be applicable to your situation, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
