North Carolina Lawyers Weekly Staff//May 27, 2023
North Carolina Lawyers Weekly Staff//May 27, 2023
Court orders required the respondent-Father to pay support for three of his children; in contrast, no court order required Father to pay any portion of the cost DSS incurred in caring for Father’s child, “Paige.” Nevertheless, Father has an inherent duty to support Paige and may not use the absence of a court order as a defense to the termination of his parental rights pursuant to G.S. § 7B-1111(a)(2). Moreover, Father testified that he had the income with which to pay child support for Paige, and the trial court found that Father “ha[s] the means and ability to pay some portion of the juvenile’s care and expenses.” It is also unchallenged that Father “has never paid any monetary support” for Paige and “likewise never gave items of clothing or other tangible items.” In these circumstances, the failure to contribute at all to the juvenile’s support is not reasonable, and findings of fact regarding the parent’s other child support obligations are not necessary.
We affirm the termination of Father’s parental rights.
In re P.C. (Lawyers Weekly No. 012-118-23, 12 pp.) (Per Curiam) Appealed from Martin County District Court (Christopher McLendon, J.) Edward Yeager for petitioner; Annick Lenoir-Peek for respondent. North Carolina Court of Appeals (unpublished)