Termination of Parental Rights

The process to terminate a parent’s rights begins with the filing of a petition in the appropriate district court, typically in the county where the child resides or where the juvenile proceeding is ongoing. The petition can be filed by a parent, guardian, county department of social services, or another authorized individual or agency. It must allege at least one of the statutory grounds for termination as outlined in N.C. Gen. Stat. § 7B-1111. These grounds include abuse or neglect, abandonment, failure to pay child support or maintain contact, dependency due to incapacity, or a parent's failure to correct conditions that led to the child’s removal, among others. After the petition is filed, the court will serve all necessary parties and schedule a hearing. In contested cases, the parent whose rights are at risk of termination is entitled to legal representation and may request a court-appointed attorney if they cannot afford one.

Once the court finds that at least one ground for termination has been proven by clear, cogent, and convincing evidence, the process moves to a second, distinct phase: the best interests determination. At this stage, the court is no longer focused on parental conduct alone but instead considers multiple factors to determine whether terminating the parent's rights would be in the child's best interests. These factors include the child’s age, the likelihood of adoption, the bond between the child and the parent, and the stability of the child’s current placement. The court has broad discretion in this phase and will ultimately issue a written order either granting or denying the petition. If rights are terminated, the parent loses all legal rights and responsibilities concerning the child, and the child becomes eligible for adoption or another permanent placement.

If you need an attorney to help you during this process, please make an appointment for a free consult.