Understanding Termination of Parental Rights (TPR) in North Carolina (2024)

Biological parents automatically have parental rights to their children, giving them the ability to make decisions for a child who is biologically theirs. However, a parent’s rights may be taken away by the court system for the child’s protection. An adoption lawyer can help with understanding the termination of parental rights (TPR) in North Carolina.

Parental rights are usually terminated when one parent or legal guardian petitioned the court in situations where a child has been subjected to neglect or abuse. Concerned parties may also bring a case if a parent or guardian has an addiction to drugs or alcohol.

Sometimes, parental rights are taken away from one parent as part of the finalization of a divorce or custody agreement. In other situations, a parent signs away their parental rights when they are unable to care for their child. Additionally, the termination of parental rights is part of the adoption process.

Who Can Terminate Parental Rights in North Carolina?

Legally, parents who have parental rights are allowed to make decisions for their child when they are not yet 18 years old. They also legally have custody of their child and will physically and financially care for them, including providing food, clothing, housing, and medical care. If a North Carolina court thinks the child would be better off in a safer environment, then the parental rights may be removed from the biological parents.

When parental rights are terminated due to abuse, neglect, or addiction, the Department of Social Services (DSS) Child Protective Services will remove the child from the home. Sometimes, the Department of Social Services itself will take away parental rights in extreme cases.

Parental rights petitions may be considered by the court when:

• One parent files a petition to terminate the other parent’s rights.
• A child’s legal guardian files a petition.
• The adoptive parents have filed a petition.
• Someone who has lived with the child for at least two years and files a petition.
• A biological parent wants to put up their child for adoption.

Reasons for Ending Parental Rights

For parental rights to be taken away from a parent or guardian, the court must determine that the individual is unable to properly care for their child. The court must then deem it necessary that the parents should no longer have the legal right to make decisions for their child. There are several laws in North Carolina that provide legal grounds for terminating parental rights. Some of these reasons include:

• Parents are abusing the child or neglecting the child’s needs.
• Parents leave a child in foster care or the care of someone else for a year without the parent making any attempt to change the situation.
• The court awards sole custody to one parent in a separation agreement.
• A father fails to claim parental rights to a child who is not born in wedlock.
• A noncustodial parent does not pay child support for at least a year or longer.
• A parent has been convicted of a crime of a violent nature or a sexual crime that resulted in the conceiving of the child.

When a parent has knowingly abandoned their child for at least six months, their parental rights can be taken away from them. A parent may also knowingly give up their parental rights to their child for the purpose of allowing another person to adopt that child. If this is the case, then the parent must have a hearing with the court to present their rationale to a judge for terminating their rights.

Termination Of Parental Rights FAQs

Q: What Happens After a TPR Is Granted in North Carolina?

A: There are several things that can happen after a TPR is granted in North Carolina. If the parent does not like the decision, they can file an appeal to the Court of Appeals. The child may be placed in the care of the person who filed the petition, an agency, or the DSS. If the parental rights were ended to allow the child to be adopted, then the adoption process would continue.

Q: What Happens After a Petition for Terminating Parental Rights Is Filed in North Carolina?

A: After a petition for terminating parental rights is filed in North Carolina, a hearing will be scheduled. If the parent whose rights are being challenged wishes to respond to this petition, they can do so before the hearing takes place. If the parent does not provide a response to the petition, the court may choose to automatically end their parental rights.

Q: What Are the Grounds for Terminating a Father’s Rights in North Carolina?

A: In North Carolina, there are several grounds for terminating a father’s rights. This includes him being incapable of giving up his rights due to a mental disability, an illness, or an injury. It can also occur if the father willingly does not provide financial support for the child. A father’s parental rights can be taken away if there is evidence of abuse or neglect of the child. Also, if the father willingly gives up his parental rights, the court may approve it.

Q: What Is the Law for Child Abandonment in NC?

A: In North Carolina, the child abandonment law applies to a parent or guardian who has not provided proper care or support to keep their child safe and healthy. This can include not supplying clothing, food, or shelter. You may be charged with abandonment if you have:

• Abandoned your child for six months
• Refused or have not provided support for your child
• Hidden your location to get out of paying child support

Consult a Child Custody Lawyer

Parental rights are protected by law, so it is serious when the court considers taking those rights away. This may be due to the parent’s inability to care for the child. If the parent has failed to provide proper care for their child, the court system can take the child away for their protection.

If your parental rights have been terminated and you wish to regain them, consult a child custody lawyer. Contact Lancaster and St. Louis, PLLC, for help today.