父母权利终止

A 父母权利终止 case is one of the gravest sets of circumstances a family law attorney may face. These types of cases have extremely high stakes 和 having an experienced lawyer to assist you throughout this process is extremely useful. Our attorneys here at 伍德拉夫家庭律师事务所 in 皇冠足彩网 have both the experience 和 dedication to work with clients on this issue, 还有很多其他的家庭法律问题. 

Under certain circumstances, you may have the other parent's rights terminated. This is a very intense proceeding that is known as the “death sentence” of family law. Having the other party’s rights ended essentially means that they have absolutely no entitlements or obligations whatsoever in regards to the child 和 are no longer legally considered the child’s parent. 这意味着, 例如, 虽然他们不再有探视权, 他们也不再承担子女抚养费的责任.

根据N.C.G.S. §7B-1112, “an order terminating the parental rights completely 和 permanently terminates all rights 和 obligations of the parent to the juvenile 和 of the juvenile to the parent arising from the parental relationship.” N.C.G.S. §7B-1100 states that parental rights can be terminated “when the parents have demonstrated that they will not provide the degree of care which promotes the healthy 和 orderly physical 和 emotional well-being of the juvenile.”

There are several grounds for the termination of parental rights; these include:

1. 父母虐待或忽视了孩子.

2. Willfully leaving the child in foster care or placement outside the home for more than 12 months without showing reasonable progress under the circumstances to correct the conditions that led to removal. 

3. Failure to pay child support provided that the parent has the ability to pay the child support. If the parent is incapable of paying the child support, this is not held against him or her. 然而, if the parent is demonstrably capable of paying child support 和 has chosen not to do so, 这是终止父母权利的理由. 

4. One parent has custody pursuant to a court order or agreement, 和 the other parent has failed to pay support as required by order or agreement for a year.

5. Failure to establish paternity, legitimate the child, 和/or provide financial support or care.

6. 依赖.

7. 放弃.

8. Committing a felony assault resulting in serious bodily injury, 承诺或遵守, 教唆, 尝试, 阴谋, 或者教唆谋杀, voluntary manslaughter of another child or child residing in the home. 

9. 另一方的父母权利, 关于另一个孩子, 被非自愿解雇, 和 the other parent lacks the ability or willingness to establish a safe home. 

Termination of Parental Rights cases are highly appealable since they affect a parent’s fundamental right to the integrity of the family unit. 这意味着 that to be successful in a Termination case you must be able to show that the other parent acted in a manner that is contrary to that right.

An example of acting contrary to the integrity of the family unit is a failure to pay child support for the minor child. 在最近的一个案例中，Robinson v. 珀金斯，767 S.E.2d 395 (2014), a biological father’s rights were terminated for failure to pay reasonable 和 consistent support payments. 在这里，父亲从不为孩子支付抚养费. The father bought diapers for the child, but never delivered them. The court held that attempts or offers of support alone are not enough to establish that a parent has supported the child, 必须有实际的, 真实和有形的支持.

Another example of grounds for Termination of Parental Rights is the neglect of a juvenile. 在过去被忽视的情况下, the Court can look at the other parent’s prior behavior to determine if there is a substantial risk that the abuse or neglect will happen again. 在re M中.P.M., 776 S.E.2d 687 (2015).

As you can see from the wide variety of grounds for parental rights termination, 这是一个复杂的法律领域，有许多不同的部分. Having an experienced family law attorney can make this complicated process simpler 和 hopefully easier for you, 考虑到案件的性质. 

Make an initial consultation with 伍德拉夫家庭律师事务所 if you are interested in the prosecution or defense of these actions. 我们在这方面有经验.