Termination of Parental Rights — Harnett & Wake Counties

Termination of parental rights ends the legal relationship between a parent and a child. It goes beyond deciding custody: after termination, the parent no longer has rights to custody, contact, inheritance or consent, and the child can be adopted without that parent’s agreement. The court applies a specific statutory test and requires clear and convincing evidence.

The Law Offices of Wunsch and Cruz handles termination matters connected to family and adoption cases in Harnett and Wake counties. Contact our Lillington or Fuquay-Varina office to discuss the case.

When a termination case arises

A termination case may arise in several circumstances:

• A pending adoption, where the child’s other parent will not consent and a statutory ground must be established before the adoption can proceed.
• A juvenile case involving abuse, neglect or dependency, where a county department of social services files a petition.
• A private petition by a parent, guardian or custodian in limited circumstances set by statute.

The proceeding is governed by Article 11 of Chapter 7B of the General Statutes.

Grounds for termination and the child’s best interests

Under G.S. 7B-1111, the court first decides whether at least one statutory ground for termination exists. The grounds are specific and fact-based: abandonment, neglect, dependency, a parent’s incapacity, a prior involuntary termination, a criminal act against the child, or a long-term failure to provide care or support, among others.

Only if a ground is established does the court move to the second question, under G.S. 7B-1110: whether termination is in the child’s best interests, considering the child’s safety, permanence, the existing placement and the bond with the parent.

Preparing a case involves evidence about both the parent’s conduct and the child’s life and stability.

Evidence the court considers

Relevant evidence can include case plans and compliance, visitation and contact history, housing and income stability, treatment records, agency reports, school and medical records, and the child’s placement history.

A parent seeking to preserve their rights can document efforts to follow the case plan, maintain contact with the child, complete assessments and keep the court informed. A person seeking termination in order to adopt needs evidence supporting the specific statutory ground, including any required time period.

Appeals and timing

Termination orders can be appealed, but the deadlines are short. If an order has been entered, seek advice promptly. The filing and service dates affect how much time is available.

What to bring to the first meeting

• Any petition, summons, order or case plan already served.
• The child’s custody history, including prior orders and placements.
• Records of contact, visits and attempts to maintain a relationship.
• Treatment, housing, employment and income records if a case plan applies.
• Dates of previous hearings and the name of the county involved.

Talk with the firm

To discuss a termination matter or an adoption where a parent has not consented, contact the firm or call our Lillington office at (910) 814-8777. Our adoption page explains that process, and the family law overview describes related services.