Family Law Questions? Ask a Family Lawyer Online.
Termination of parental rights is never easy nor something the courts tend to allow without good reason. The courts must always rule in the best interest of the child and seldom is terminating a child's bond with his or her father in the best interest of the child unless there are good reasons.Since you did not mention the reasons for wanting the rights terminated I can tell you what is generally allowable under the law. Adoption......this is where the child is adopted by someone other then the mother and father or the mother is married and her husband wishes to adopt the child. If the biological father consents termination is a simple matter. Other reasons from sometimes include:Abuse/NeglectMental Illness or DeficiencyAlcohol or Drug Induced IncapacityAbuse/Neglect or Loss of Rights of Another ChildSexual AbuseChild's Best InterestFelony assault of child or siblingMurder/Manslaughter of sibling childIf the mother and father want to terminate the rights, they will have to petition the courts together for this. Voluntary terminations are often denied unless one of the above reasons are used....even if both parents request it.Most states consider a child's best interest in termination proceedings. In some states, statutes use general language mandating that the child's health and safety be paramount in all proceedings, while other states' legislation lists specific factors that must be considered, such as the child's age; the physical, mental, emotional and moral well-being; cultural and attachment issues; as well as the child's reasonable preferences.I would strongly advise you to seek legal counsel before attempting to terminate his rights due to the probability of being denied. Though if you wish to go it alone you will need to download and fill out the forms found here: North Carolina Summons in Proceeding for Termination of Parental Rights You will need to fill them out completely and submit the forms to the clerk of courts. The clerk will help set up a hearing in the matter where you and the child's father can plead your case.
You may also find this article interesting: Grounds for Termination of Parental Rights North Carolina -I wish you the best,Walter
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).