Answer

You will have to file a petition to terminate the parental rights of the father in the NC county district court of you/your child's residence.

 

The following link is an outline of the process and how to get the petition filed, heard and granted in North Carolina: http://www.aoc.state.nc.us/www/ids/Defender%20Training/TPR%20Training/Bckgrd_Proc.pdf

 

The basis for terminating rights in North Carolina are:

 

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

 

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.

 

You should see a family law attorney in your area about filing this petition.

Expert:	Adam Kirk
Pos. Feedback:	99.3 %
Accepts:
Answered:	10/1/2009

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations