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Domestic Relations – Parent & Child – Termination of Parental Rights – Incomplete Order

Domestic Relations – Parent & Child – Termination of Parental Rights – Incomplete Order

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In re A.R.P. (Lawyers Weekly No. 12-07-0051, 8 pp.) (Donna S. Stroud, J.) Appealed from Burke County District Court. (L. Suzanne Owsley, J.) N.C. App. Click here for the full-text opinion.

Holding: We reversed and remanded a order because it lacked findings regarding willfulness. On remand, the trial court made findings of willfulness but did not make a conclusion of law that respondent’s parental rights should be terminated, a conclusion that termination is in the best interest of the children, or a decree that respondent’s parental rights are terminated.

We are well aware that this termination proceeding has been prolonged and that such delay is not in the best interest of the children or any party to this action. However, without a complete order, we cannot consider respondent’s arguments. We remand for a complete order.


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