Certain counties in the state have been designated as “family law courts.” These counties are given special funding which provides for child custody mediators, special courts for family cases, and certified mediators for issues of support and property distribution. The benefit of family law courts is that one judge is assigned to the case from beginning to end allowing the judge to have a...
Mediation is a guided negotiation which helps separated or divorcing spouses reach a fair settlement without having to endure a trial. It is conducted in an informal, private setting instead of in a courtroom. The mediator is an objective neutral third party trained to facilitate productive conversations and move the ex-spouses toward resolving their issues. Mediators in North Carolina must be...
If the petition to terminate parental rights succeeds, the legal relationship between the parent and child ends permanently. Consequently, the parent’s rights and obligations to the child are terminated. All rights of inheritance are extinguished. All duty of support is extinguished. The parent has the same legal status as a stranger to the child, cannot visit or contact the child, and loses...
The person who seeks termination of another’s parental rights must file a petition to the court stating grounds (as set forth in N.C.G.S. §7B-1111 to warrant the drastic legal action. The petition must also establish that termination of parental rights will be in the best interests of the child. In making that determination, the court will consider the child’s age, how likely it is that the...
Usually a petition to terminate parental rights is filed by a parent whose new spouse wishes to adopt the parent’s child from a previous relationship, or by the Department of Social Services (DSS) when a child has been abused or neglected. In the case of DSS, the agency is required by statute to make reunification efforts for the child and the offending parent who is alleged to have abused or...
In North Carolina, grounds for terminating parental rights include: The parent has willingly abandoned the child for more than six months preceding the filing of a petition for Termination of Parental Rights (TPR)Abuse or neglect of the child;Willfully leaving a child or in foster care for more than 12 monthsFailing to pay child support for more than a year in defiance of a court order or other...
A parent has a constitutionally protected civil right to the custody, control and care of his or her children. When a parent abandons those responsibilities, the court may take the permanent and irreversible legal action of terminating that parent’s relationship with his or her children. It is considered to be the most extreme legal action in family law.
The adoption process can be a complex web of legal work including securing and filling out forms, drafting agreements, making proper filings, reviewing documents and representing you as a prospective adoptive parent in a court. However, the happy event of adding a new member to your welcoming family is well worth the effort. A caring, experienced North Carolina adoption attorney can offer legal...
Any adult, 18 years or older, can become an adoptive parent of a child or another adult in North Carolina. The adopting parent can be single, married, divorced or widowed. State law does not regulate the economic status or the parenting experience of the prospective adoptive parent(s). The primary requirement is that the adopting parent(s) be personally committed to the positive welfare and...
Adoptions generally fall under two categories: direct placements and agency placements. When the biological parent(s) finds the adoptive parent(s) on their own without help from an adoption agency or other licensed intermediary, the adoption is called a direct placement. When the biological parent(s) find the adoptive parents, or the adoptive parent(s) find the child, through an agency or other...
