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  1. #1
    orphngrl is offline Junior Member
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    Question Taking away parental rights

    What is the name of your state? N.C.

    My husband and I currently have what they call temporary/permanent custody of our 3 year old granddaughter. The ex- son in law never takes the 3 hour a week supervised visitation he has been awarded. He has not seen his daughter in 4 months, and once in a while (maybe every 5 months he sends a check for $320.00. Our daughter has abondoned her and is currently running from the law. We have no idea where she is. I would like to have both of their parental rights taken away, so we may adopt her. Does any one have information on how to go about doing this.
  2. #2
    rmet4nzkx is offline Senior Member
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    Statute: § 7B-1111

    Circumstances That Are Grounds for Termination

    Abandonment or Extreme Parental Disinterest

    Abuse/Neglect

    Mental Illness or Deficiency

    Alcohol or Drug Induced Incapacity

    Failure of Reasonable Efforts

    Abuse/Neglect or Loss of Rights of Another Child

    Failure to Provide Support

    Failure to Establish Paternity

    Child Judged in Need of Services/Dependent

    Child's Best Interest

    Child in care 15 of 22 months (or less)

    Felony assault of child or sibling

    Murder/Manslaughter of sibling child

    Circumstances That Are Not Grounds for Termination

    Felony Conviction/Incarceration

    Sexual Abuse

    Failure to Maintain Contact

    N.C. Gen. Stat. Ann. § 7B-1111 (Lexis, WESTLAW through N.C. 2003 Legis. Serv., S.L. 2003-140)

    The court may terminate parental rights upon a finding of one or more of the following:

    The parent has abused or neglected the juvenile.

    The parent has willfully left the juvenile in foster care or placement outside the home for more than 12 months without showing to the satisfaction of the court that reasonable progress under the circumstances has been made in correcting those conditions which led to the removal of the juvenile. Provided, however, that no parental rights shall be terminated for the sole reason that the parents are unable to care for the juvenile on account of their poverty.

    The juvenile has been placed in the custody of a
    county Department of Social Services, a licensed
    child-placing agency, a child-caring institution,
    or a foster home, and the parent, for a
    continuous period of 6 months next preceding the
    filing of the petition has willfully failed for
    such period to pay a reasonable portion of the
    cost of the care for the juvenile although
    physically and financially able to do so.

    One parent has been awarded custody of the
    juvenile by judicial decree or has custody by
    agreement of the parents, and the other parent
    whose parental rights are sought to be terminated
    has for a period of 1 year or more next preceding
    the filing of the petition willfully failed
    without justification to pay for the care,
    support, and education of the juvenile, as
    required by said decree or custody agreement.

    The father of a juvenile born out of wedlock has
    not, prior to the filing of a petition to
    terminate his parental rights established
    paternity judicially or by affidavit which has
    been filed in a central registry maintained by
    the Department of Health and Human Service;
    provided, the court shall inquire of the
    Department of Health and Human Services as to
    whether such affidavit has been filed and shall
    incorporate into the case record the department's
    certified reply; or legitimated the juvenile or
    filed a petition for this specific purpose; or
    legitimated the juvenile by marriage to the
    mother of the child; or provided substantial
    financial support or consistent care with respect
    to the juvenile and mother.

    That the parent is incapable of providing the
    proper care and supervision of the juvenile, such
    that the juvenile is a dependent juvenile, and
    that there is a reasonable probability that such
    incapacity will continue for the foreseeable
    future. Incapability may be the result of
    substance abuse, mental retardation, mental
    illness, organic brain syndrome, or any other
    cause or condition that renders the parent unable
    or unavailable to parent the juvenile and the
    parent lacks an appropriate alternative child
    care arrangement.

    The parent has willfully abandoned the juvenile
    for at least 6 consecutive months immediately
    preceding the filing of the petition or motion,
    or the parent has voluntarily abandoned an infant
    pursuant to § 7B-500 for at least 60 consecutive
    days immediately preceding the filing of the
    petition or motion.

    The parent has committed murder or voluntary
    manslaughter of another child of the parent or
    other child residing in the home; has aided,
    abetted, attempted, conspired, or solicited to
    commit murder or voluntary manslaughter of the
    child, another child of the parent, or other
    child residing in the home; or has committed
    felony assault that results in serious bodily
    injury to the child, another child of the parent,
    or another child residing in the home.

    The parental rights of the parent with respect to
    another child of the parent have been terminated
    involuntarily by a court of competent
    jurisdiction and the parent lacks the ability or
    willingness to establish a safe home.

    The burden in such proceedings shall be upon the
    petitioner or movant to prove the facts
    justifying such termination by clear and
    convincing evidence.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by orphngrl
    What is the name of your state? N.C.

    My husband and I currently have what they call temporary/permanent custody of our 3 year old granddaughter. The ex- son in law never takes the 3 hour a week supervised visitation he has been awarded. He has not seen his daughter in 4 months, and once in a while (maybe every 5 months he sends a check for $320.00. Our daughter has abondoned her and is currently running from the law. We have no idea where she is. I would like to have both of their parental rights taken away, so we may adopt her. Does any one have information on how to go about doing this.
    Sorry, but I don't think that you are going to be able to do that unless dad consents. You may be able to terminate your daughter's parental rights for abandonment if she has been gone long enough (In most states it requires a full year of no contact at all nor any child support) however you are not going to be able to terminate dad's.
  4. #4
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by LdiJ
    Sorry, but I don't think that you are going to be able to do that unless dad consents. You may be able to terminate your daughter's parental rights for abandonment if she has been gone long enough (In most states it requires a full year of no contact at all nor any child support) however you are not going to be able to terminate dad's.
    OR, if dad doesn't visit the child or contribute to support for at least 6 months!
    The parent has willfully abandoned the juvenile for at least 6 consecutive months immediately preceding the filing of the petition or motion
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by rmet4nzkx
    OR, if dad doesn't visit the child or contribute to support for at least 6 months!
    So far dad hasn't done that.
  6. #6
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by LdiJ
    So far dad hasn't done that.
    I didn't say he had, only that it is only 6 months not 1 year and so far he has not visited his child and sends support once every 5 months, there may come a time when he doesn't, then they can file if and or when it is 6 months or more without contact. That is the LAW, not opinion.
  7. #7
    LdiJ is offline Senior Member
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    Quote Originally Posted by rmet4nzkx
    I didn't say he had, only that it is only 6 months not 1 year and so far he has not visited his child and sends support once every 5 months, there may come a time when he doesn't, then they can file if and or when it is 6 months or more without contact. That is the LAW, not opinion.
    That is correct, that is the law. However, I suspect that dad knows that, or has had someone advise him of that, since he manages to squeek in the child support just often enough. I have also seen a lot of judges refuse to TPR after only six months, even when the law allows for that.

    However, if they get lucky, and he misses the mark, they can certainly try. However the holidays are looming, and he probably has a family, so its quite possible that he will visit and the cycle will restart anyway.
  8. #8
    ken1001 is offline Junior Member
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    parental rights

    we have legal and physical custody of our 2 grand kids. we live in georgia after 30 days of no support you can go for abandonment ,but i do reccomend you see a good attorney that handles these matters keep up the good work we went to magistrate ct it was free for doing the abandonment,but she showed up and payed
    Last edited by ken1001; 09-26-2005 at 05:58 PM.
  9. #9
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by ken1001
    we have legal and physical custody of our 2 grand kids. we live in georgia after 30 days of no support you can go for abandonment ,but i do reccomend you see a good attorney that handles these matters keep up the good work we went to magistrate ct it was free for doing the abandonment,but she showed up and payed
    But OP is in NC not GA and there the law is different and OP was advised of their state specific options.

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