IN THE MATTER OF: E.Q.B., M.Q.B., S.R.R.B., 2023-NCCOA-______ (2023) Sometimes a parent will commit an act of domestic violence against the other parent or involving the child. In these cases, a domestic violence protective order (DVPO) can be entered to cut off contact between the offender and the parent/child. Subsequently,…
Articles Posted in termination of parental rights
Termination of Parental Rights – Facts Matter
IN RE: A.W., 2023-NCCOA-________ (2023). Facts: Orange County DSS received a report for domestic violence that occurred in September 2018, where Father dragged Mother into another room by her hair, struck her in the back of the head, threw her against a wall, and essentially choked Mother until she lost…
Parental Rights Termination and Appeal
In re J.J.H., Supreme Court of North Carolina, No. 430A19, December 18, 2020 This is Respondent Mother’s Appeal to the termination of her parental rights. Facts: Guilford County Department of Health and Human Services (DHHS) filed petitions alleging that three of the five minor children involved were neglected and dependent…
Three or More Parents, Part 2: Legal Parenthood
Almost all societies have traditionally recognized only two legal parents per child, the biological mother and father. Even in cases of adoption, adoptive parents could only step into the place of a missing biological parent. Despite this long history, this has never really reflected the reality of children’s lives. Many…
Domestic Violence and Termination of Parental Rights
In Re TB, 2022-NCSC-43. Facts: In January of 2019, Mecklenburg County DSS filed a petition alleging that the minor child in this action was neglected and dependent. They later moved her to foster care. The petition was initiated when police reported a domestic violence incident in the child’s home in…
Appealing a Termination of Parental Rights
In re JBD, 2022-NCCOA-353 (unpublished). In North Carolina, termination of parental rights (TPR) cases exist to remove one parent’s complete rights to their child. The grounds for doing so include abuse and neglect of the minor child. The evidence must prove those grounds by clear and convincing evidence, a burden…
Termination of Parental Rights: Should the Reasons Be Spelled Out?
In re C.V.D.C. and C.D.C., _______NC________ (2020). In North Carolina, for a Termination of Parental Rights petition to succeed, a set of factors set out in N.C.G.S section 7B-1110(a) must be weighed by the court. If the balance of those factors favors termination, the trial court has discretion to do…
Termination of Parental Rights and the Status Exception
In re F.S.T.Y. and A.A.L.Y., ____NC______ No.129A19 (2020). Termination of parental rights cases are complicated and difficult. Even more so when one parent is out of state and having to litigate in North Carolina. In the case below, we discuss how the North Carolina Supreme Court upheld a termination of…
When Parental Rights Conflict with Special Needs, the Courts Step In
In re NNB, COA 19-261 (Unpublished opinion) The family courts in North Carolina operate under one abiding principle: the best interest of the child. This overarching concept takes precedence over every other consideration and can produce unexpected results. This article discusses a recent case in our county in which a…