Termination of Parental Rights

A parent has a constitutionally protected right to the custody, care, and control of his or her children.  When a parent abandons those rights and responsibilities, the court may take the permanent action of terminating that person’s parental rights.

A petition to terminate parental rights is often filed by a parent whose new spouse wishes to adopt the child or by the Department of Social Services when a child has been abused or neglected.  The petition must establish that termination of parent rights will be in the best interests of the child.  If the petition to terminate parental rights succeeds, the legal relationship between the subject parent and child ends permanently.

• Abuse or Neglect:

  Evidence of physical, emotional, or sexual abuse or neglect of the child. 
• Abandonment:

  Willful failure to maintain contact or provide care for the child for a specified period (e.g., six months in North Carolina). 
• Failure to Support:

  Non-payment of child support, especially when ordered by a court, despite the parent’s ability to pay. 
• Unfitness:

  Inability to care for the child due to factors like mental illness, substance abuse, or other conditions. 
• Failure to Make Progress:

  If a child is in foster care, failure to address the issues that led to the placement and make reasonable progress towards reunification. 
• Other Statutory Grounds:

  Specific circumstances defined by state law, such as certain felony convictions or failure to establish paternity. 

• Best Interest of the Child:

  Courts must find that termination is in the best interest of the child before granting a petition. 
• Clear and Convincing Evidence:

  Involuntary termination requires a high burden of proof, often described as “clear, cogent, and convincing evidence”. 
• Voluntary vs. Involuntary:

  Voluntary termination is usually initiated by the parent, while involuntary termination often involves a petition filed by another party (e.g., the other parent, a state agency). 
• Consequences:

  Termination of parental rights has significant legal consequences, permanently ending the parent-child relationship and freeing the child for adoption. 

• Grounds for termination include abuse, neglect, abandonment, failure to support, and failure to make reasonable progress in foster care. 

• The court must find both statutory grounds and that termination is in the child’s best interest. 

• Termination of parental rights is a serious legal matter. It is recommended to consult with a family law attorney for guidance and representation.