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Ask Walter Your Own Question
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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how do i handle a voluntary parental termination

Customer Question

my ex is giving up his parental rights voluntarily and i need to know what steps to take to handle this on my own
Submitted: 9 years ago.
Category: Family Law
Expert:  Walter replied 9 years ago.


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:

Mental Illness or Deficiency
Alcohol or Drug Induced Incapacity
Abuse/Neglect or Loss of Rights of Another Child
Sexual Abuse
Child's Best Interest
Felony assault of child or sibling
Murder/Manslaughter of sibling child

If 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,


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