If you’re looking to adopt or have a loved one whose parent has abandoned them or isn’t providing for them, you may have a few questions about the termination of parental rights. These cases tend to create sticky situations.
In this blog we’ll cover your biggest questions. Hester and Payseur, PLLC is a family-focused firm and are happy to help your family navigate through your legal situation.
What does it mean to terminate parental rights?
The termination of parental rights, sometimes called a “TPR” case, seeks to sever the legal relationship between a parent and a child. These petitions are typically filed in situations where there may be an adoption.
Read “All About Adoption” here.
Parents can sign a consent for an adoption, but if the parents won’t sign or are no where to be found, it may be necessary to file a TPR to legally pave the way for an adoption to occur. Only certain individuals or agencies (like DHHS) can file this action. A parent cannot terminate his or her own parental rights.
Can a parent file to terminate the parental rights of another parent?
In North Carolina, yes, but only in very specific circumstances with a petition and summons served personally on the other parent. A petition and juvenile proceeding must then be filed in district court.
A common ground in private TPRs in which a parent files against another parent is abandonment. A parent can prove this ground by demonstrating clear, cogent, and convincing evidence that the other parent willfully abandoned the child for at least six months prior to filing the action. Other reasons to file are failure to pay child support for a year, failure to legitimate a child, or an inability to care for a child. These also require a strong body of evidence and careful attention to detail.
Once the court determines that the petitioner has met the burden of proof for at least one ground, the court then analyzes whether the termination is in the best interests of the child. Factors include the likelihood of adoption, the age of the child, and the bond between child and parent.
A final order terminating a parent’s parental rights allows the child to be adopted by a non-biological parent, like in a stepparent adoption.
A petitioner who has proper standing to file for TPR must show evidence for two things:
- Grounds to terminate the other parent’s parental right.
- That the termination is in the best interests of the child.
Are TPRs the same as a child custody order?
TPRs are not the same as a custody order that suspends a parent’s visitation (such as when a parent is in jail, missing or has an active addiction). TPR cases are very fact and case specific and require attorney representation. Child custody orders can be modified on a showing of substantially changed circumstances while orders that terminate parental rights are nearly irreversible.
Where can I find more information about filing a petition to terminate parental rights?
The grounds for filing a petition to terminate parental rights are listed in the juvenile code in the North Carolina General Statutes.