North Carolina Divorce Lawyers Blog

Articles Posted in Parental Rights Termination

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North Carolina statute allows anyone who claims to have a right to custody of a child to initiate a custody proceeding. Grandparents have a broad privilege to file a custody action, but how likely are they to be successful?

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Typically, custody is only granted in North Carolina between two biological parents or if it is determined that a parent is unable to care for the child. The constitutional rights of a biological parent are difficult to overcome, and courts give greater weight to that relationship over others. However, this standard leaves out a large number of households, including same-sex spouses, long-term dating partners, and adoptive parents.

In these situations, courts may apply the psychological parent doctrine. A psychological parent is someone who establishes a close relationship with a child through day-to-day interaction and companionship and fulfills the child’s physical, emotional, and psychological needs.

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In North Carolina, the courts determine child custody based on the best interests of the child. If a child is taken from their biological parents or legal guardians, there are often reunification procedures in place. However, reunification is not always included in permanency planning orders.

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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, if the offender then faces a petition to terminate his/her parental rights, then that DVPO cannot be used as a shield to prevent the termination, so long as the grounds are factually established.  Continue reading →

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Custody and parental rights are understandably sensitive topics, which is why having an experienced North Carolina custody lawyer on your side can make a difference. Determining custody of a child is a challenging process. There are numerous laws and considerations that are factored into a custody decision, and one recent case from the Court of Appeals in Forsyth County shows how complex these cases can be. Continue reading →

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IN RE: A.W., 2023-NCCOA-________ (2023). 

  1. 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 consciousness. Their child witnessed this violence. Father then sent threatening messages to Mother, wherein he made threats to kill Mother or the child. Father was criminally charged for his conduct. While a domestic violence order of protection was granted to Mother against Father, the two continued to have contact. DSS filed a petition. A hearing for TPR was eventually held where the trial court terminated Father’s parental rights on the grounds, among others, that the child was neglected. Father appeals. 

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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 juveniles. The remaining two minor children were alleged to be neglected juveniles. The agency reported receiving eleven reports on this family between October 2011 and February 2016. DHHS had substantiated nine of these reports. The reports alleged inadequate supervision. DHHS found that the two-year-old female was taken to the hospital twice for burns to her hands, arms, and buttocks. The five-year-old male received a school suspension for hitting and kicking daycare teachers. The Respondent Mother’s elderly grandmother, who suffered from seizures, reported that the mother had left the children in her care without permission. DHHS found that the respondent-mother left the children alone in the home only supervised by a five-year-old. Reports included the child drawing pictures of sexual acts, explaining human anatomy to classmates, attempting to engage in sexually inappropriate conduct with siblings, and describing acts of sexual abuse by an older cousin, who also acted as an overnight caregiver. The respondent-mother missed multiple medical appointments for one minor child that suffered from a large mass in his nose. The children were returned to school when the respondent mother failed to be present when they arrived home on the bus. DHHS reports noted the home’s utility services were disconnected.

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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 early January, in which the father was arrested. When DSS spoke to Father and Mother after the incident, and both admitted to smoking marijuana, Father acknowledged he had mental health needs and that he had been in treatment for domestic violence through NOVA in the past. Mother said that she would have left Father if she had more family support. Father said he was willing to leave the family home. Father then agreed to go to Monarch for mental health assessment, and both parents agreed to submit to random drug screening. Continue reading →

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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 so for the best interests of the child. But does the court need to write down those specific findings? And what if you wanted to appeal their decision? Below, we discuss a case that addresses the manner in which appellate courts review such decisions of the lower courts, and whether or not a court is required to make written findings. Continue reading →

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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 parental rights for an out of state parent that had no ties to North Carolina whatsoever. Continue reading →