Terminating Parental Rights

Posted on by Robert J. Reeves
In North Carolina, there are only a few scenarios where terminating parental rights is possible. This means that a parent gives up their legal rights to make decisions for their child. There are specific rules about when they can terminate and who can file the petition to the court. However, the best way to navigate this situation is with the help of an experienced attorney. Ultimately, the court will decide what is in the best interest of the child. If you are wanting to terminate your rights, or petition the court to terminate somebody else’s parental rights, it’s a big decision that requires a lot of thought and consideration.

Terminating Parental Rights: Why and How

Termination of Parental Rights

Terminating parental rights means that a parent gives up their legal rights to their child. This means that they give up the right to make decisions about them as well as the right to seek custody or visitation. It also ends any child support responsibilities. It’s a big decision that can affect a child’s life for many years.

Grounds for Termination

There are only certain times when terminating parental rights is possible. For example, if a parent abuses or neglects a child. In addition, if a parent is incapable of taking care of a child or willfully abandons them. And finally, if a noncustodial parent fails to pay child support without reason for over a year. There are a few other specific criteria that can be met, but in general, this only applies when children are not being taken care of properly.

Who Can Terminate

Not everybody can bring a petition terminating parental rights. One parent can file a motion against the child’s other parent. In addition, adoptive parents, legal guardians, or social services can also file petitions. A person that the child lives with for two or more years can also file a petition to terminate another parent’s legal rights. And finally, it is possible to file a petition to terminate your parental rights.

The Decision

Ultimately the decision about terminating parental rights falls to the courts. The judge will only grant the termination if it is in the best interests of the child. They will likely consider many factors including the child’s age, and their relationship to both parents. Before filing such a petition, it’s best to consult with an attorney so that you know the full legal implications and significance.

Terminating parental rights is a big deal and no parent should take it lightly. Giving up your rights to your child prevents you from being able to have a hand in making legal decisions for them regarding school, medical care, and other factors. In addition, it gives up your right to custody and visitation. There are only a few circumstances where parental rights might be terminated and only a few parties can bring the petition to terminate. Ultimately, the court will decide if it’s in the best interests of the child. Consulting with an experienced attorney is the best way to ensure that you are making the best decision about such an important matter.