Can the court terminate a parent’s rights for willful abandonment of the children? Are there steps a parent estranged from his child can take to ensure this doesn’t happen? In a recent North Carolina appellate decision, the court considered willful abandonment and termination of parental rights. The case arose when the parents of two minor kids separated in 2010 just before the second child was born. The mother sued for custody, child support, and alimony. The father didn’t go to the custody proceedings, and the mother was given sole custody of the kids with reasonable visitation for the father who lived in a different state.
Several years after that, the mother sued to terminate the father’s parental rights based on abandonment. The lower court had a hearing and decided to terminate the father’s parental rights. It waited almost a year to enter its written order. However, the father appealed the written order.
On appeal, the father argued: (1) the lower court hadn’t entered the written order in a timely way, (2) there wasn’t enough evidence to show abandonment, and (3) termination of his parental rights wasn’t in the kids’ best interests.