North Carolina Divorce Lawyers Blog

Articles Tagged with parental rights

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IN RE: A.W., 2023-NCCOA-________ (2023). 

  1. Facts: Orange County DSS received a report for domestic violence that occurred in September 2018, where Father dragged Mother into another room by her hair, struck her in the back of the head, threw her against a wall, and essentially choked Mother until she lost consciousness. Their child witnessed this violence. Father then sent threatening messages to Mother, wherein he made threats to kill Mother or the child. Father was criminally charged for his conduct. While a domestic violence order of protection was granted to Mother against Father, the two continued to have contact. DSS filed a petition. A hearing for TPR was eventually held where the trial court terminated Father’s parental rights on the grounds, among others, that the child was neglected. Father appeals. 

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In October 2022, the North Carolina Court of Appeals addressed whether a parent who hasn’t had contact with their child because the child had been actively removed and hidden from them still has their constitutional right to parent their child. Continue reading →

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In re C.V.D.C. and C.D.C., _______NC________ (2020).

In North Carolina, for a Termination of Parental Rights petition to succeed, a set of factors set out in N.C.G.S section 7B-1110(a) must be weighed by the court. If the balance of those factors favors termination, the trial court has discretion to do so for the best interests of the child. But does the court need to write down those specific findings? And what if you wanted to appeal their decision? Below, we discuss a case that addresses the manner in which appellate courts review such decisions of the lower courts, and whether or not a court is required to make written findings. Continue reading →

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In re NNB, COA 19-261 (Unpublished opinion)

The family courts in North Carolina operate under one abiding principle: the best interest of the child. This overarching concept takes precedence over every other consideration and can produce unexpected results. This article discusses a recent case in our county in which a father wanted custody of his minor child, but circumstances were not good for his case. Continue reading →