Voluntary Termination of Parental Rights NC - Wake Family Law (2024)

FAQs

Voluntary Termination of Parental Rights NC - Wake Family Law? ›

In order for a parent's rights to be terminated in North Carolina, the court must find that grounds for termination exist and that termination of the parent's rights would be in the child's best interests. The grounds for termination of parental rights may be found at N.C.G.S. 7B-1111.

North Carolina parents have important legal rights and legal responsibilities. You may be wondering: Can one simply give up their parental rights in North Carolina? The short answer is “no” — you cannot voluntarily relinquish parental rights or parental responsibilities.

A termination of parental rights will cut off a parent's right to seek custody or visitation of their child. It will also cut off their responsibility for paying child support.

A parent who has willfully abandoned a child for at least 6 consecutive months (or an infant for at least 60 consecutive days) can have their parental rights terminated. Abandonment involves a parent's intention to give up their parenting duties and claims. This generally requires showing more than simple neglect.

Right to Visitation

This right is only suspended in cases where the father has been deemed unfit, either due to violence or inability to fulfill his responsibilities. It is important to note that a father may lose his right to visitation if he has not been in contact with his child for six months.

Some of the ways you can be charged with child abandonment are if you act in any of the following: Abandoning your child for six or more months. Refusing or failing to provide support during that time period, you are gone. Attempting to conceal your whereabouts with the intent to escape your child support obligation.

North Carolina General Statute 7B-101 defines: • Physical Abuse; • Sexual Abuse; • Emotional Abuse; • Neglect; and • Dependency. The law applies to any juvenile under 18 years of age. The law specifies that the perpetrator can be a: Parent; • Guardian; • Custodian; or • Caretaker.

When Can a Child Refuse Visitation in North Carolina? As in most other states, children in North Carolina aren't allowed to refuse to visit a parent under an existing visitation order until they're legal adults (when they turn 18 or otherwise become legally emancipated).

In North Carolina, both a mother and a father have equal rights to custody of a child until a judge orders otherwise or the parties have a written agreement.

The parent usually has no right to visit or talk with the child. The parent no longer has to pay child support.

Who has legal custody of a child born out of wedlock in NC? ›

In North Carolina, both unmarried parents have the same parental rights as married parents once paternity is established. In the time after the child's birth but before the parent(s) establish paternity, the mother has custodial rights.

If you and your ex don't have a formal custody agreement, you still need permission to relocate.

Non-Custodial Parental Rights in NC

The non-custodial parent has an equal right to be involved in the upbringing of the child. If necessary, a father can pursue a paternity case in order to prove parentage and gain access to the child, which includes responsibilities, such as the requirement to pay child support.

North Carolina's Safe Surrender law allows an overwhelmed parent to surrender a newborn to a responsible adult and walk away. The baby must be unharmed. An infant up to 7 days old may be surrendered to any responsible adult.

The ward or the guardian can petition the court to terminate the guardianship. The petitioner must provide evidence to the court that: The guardian is no longer needed or wanted. Termination of guardianship would be in the ward's best interests.

If you have a CSE case, you should not have to go to court when your child reaches age 18 and has graduated from high school. If you do not have a CSE case and your child has reached the age of 18 and graduated from high school, you can file a Motion to Modify to terminate support.

Can My Ex Agree to Terminate My Parental Rights? Yes, this is possible. We see this happen most often when the custodial parent wants to get married and have their new spouse adopt the child. In that situation, it makes sense for the non-custodial parent to give up their parental rights voluntarily.