North Carolina Lawyers Weekly
Although there was evidence that the respondent-father, who had an extensive history of substance abuse, was participating in a substance abuse aftercare program, since he only started the program after the hearing to terminate his parental rights had already ...
Read More »Domestic Relations – Parent & Child – TPR – Substance Abuse & Domestic Violence
Domestic Relations – Parent & Child – TPR – Dependency – Incarcerated Parent 
Where the respondent-mother was incarcerated and would so remain for at least 22 more months after the termination-of-parental-rights hearing, the trial court could find that she was incapable of providing for the care and supervision of her children. We ...
Read More »Domestic Relations – Parent & Child – TPR – ICWA – Insufficient Record
After learning that the child “Ned” might have a Native American grandmother, DSS sent notices to several Native American tribes; however, DSS heard back only from the Eastern Band of Cherokee Indians (of which Ned is not a member). ...
Read More »Domestic Relations – Parent & Child – TPR – Teenage Child – Notice – Appeals
Although the respondent-father argues on appeal that the trial court should have given 15-year-old “Billy” notice of and an opportunity to testify at the dispositional hearing on the petition to terminate respondents’ parental rights, the father did not raise ...
Read More »Domestic Relations – Parent & Child – TPR – No-Merit Brief – Substance Abuse
In this case involving the respondent-father’s substance abuse and minimal progress on his case plan, respondent’s counsel filed a no-merit brief. After our independent review, we are satisfied that the trial court’s orders are supported by clear, cogent and ...
Read More »Domestic Relations – Parent & Child – TPR – No-Merit Briefs – Substance Abuse & Domestic Violence
In a case involving the respondent-parents’ substance abuse, domestic violence, and failure to participate in the underlying proceedings, respondents’ counsel have filed no-merit briefs. After our independent review, we are satisfied that the trial court properly exercised personal jurisdiction ...
Read More »Domestic Relations – Parent & Child – TPR – Older Teenager – Guardianship vs. Adoption
The trial court incorrectly believed that termination of respondents’ parental rights was necessary to free “Adam” for guardianship. Given Adam’s age (almost 16 at the time of the hearing, 17 now), his bond with the respondent-parents, his stated wish ...
Read More »Domestic Relations – Parent & Child – TPR – Adoption Comments – GAL Report – Locating Father
In deciding whether to terminate the parental rights of a teenage father so that baby “Ryan” could be adopted, the trial court mentioned the “harm or the challenges that children who are adopted often face,” and the court included ...
Read More »Domestic Relations Parent & Child – TPR – Father’s GAL – Neglect
Given the respondent-father’s multiple mental illness diagnoses and the pressure which a termination of parental rights hearing would present for any parent, we cannot infer from the father’s query in reference to his guardian ad litem—“What’s your name?”—that the ...
Read More »Domestic Relations – Parent & Child – Subject Matter Jurisdiction – Georgia Custody Order
Even though a 2004 Georgia court order granted custody of “Scott” to the respondent-mother, (1) Scott had been living in North Carolina since at least 2010 when DSS filed its neglect petition in 2014 and (2) the respondent-parents have not ...
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