Justia Family Law Opinion Summaries

The Supreme Court affirmed the judgment of the trial court terminating Parents' parental rights in their twin sons, holding that there was no error or abuse of discretion in the proceedings below.After a hearing, the trial court entered an order concluding that grounds existed to terminate Parents' parental rights on the grounds set forth in N.C. Gen. Stat. 7B-1111(a)(1)-(3), (6), and that it was in the children's best interests for Parents' parental rights to be terminated. The Supreme Court affirmed, holding that the trial court did not err in concluding that Parents' parental rights were subject to termination pursuant to section 7B-1111(a)(3) and that the termination of Parents' parental rights would be in the children's best interests. View "In re J.C.J." on Justia Law

The Supreme Court affirmed the orders of the trial court terminating Mother's parental rights to her three children and an order terminating Father's parental rights to one of those children, holding that the trial court did not err or abuse its discretion.After a hearing, the trial court adjudicated the existence of grounds to terminate Mother's parental rights to her children pursuant to N.C. Gen. Stat. 7B-1111(a)(1)-(3) and (6) and the existence of grounds to terminate Father's parental rights to his child pursuant to N.C. Gen. Stat. 7B-1111(a)(1), (2), (6), and (7). The Supreme Court affirmed, holding (1) the trial court did not abuse its discretion by not conducting an inquiry into Mother's competency; (2) the trial court's findings of fact and conclusions of law supported its adjudication of grounds to terminate Father's parental rights for willful abandonment; and (3) the trial court did not abuse its discretion in determining that it was in the child's best interests to terminate both parents' parental rights. View "In re J.A.J." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Father's parental rights in his three children, holding that the findings supported the trial court's conclusion that grounds existed under N.C. Gen. Stat. 7B-1111(a)(3) to terminate Father's parental rights.Following a hearing, the trial court entered an order determining that three grounds existed to terminate Father's parental rights for neglect, willful failure to make reasonable progress, and failure to pay for a reasonable portion of the cost of care for the juveniles. See N.C. Gen. Stat. 7B-1111(a)(1)-(3). The trial court further concluded that it was in the children's best interests that Father's parental rights be terminated. The Supreme Court affirmed, holding that grounds existed pursuant to section 7B-1111(a)(3) to terminate Father's parental rights. View "In re M.C." on Justia Law

The Supreme Court vacated the order of the trial court terminating Father's parental rights, holding that a substitute judge may not make new factual findings or conclusions of law under Rule 52 and Rule 63 of the North Carolina Rules of Civil Procedure.After the district court terminated Father's parental rights to his child the Supreme Court vacated the order and remanded the case for additional findings of fact. On remand, the matter was assigned to a substitute judge, who issued a new order finding that the child was neglected and terminating Mother's parental rights. The Supreme Court vacated the judgment of the trial court and remanded the matter for a new hearing, holding that the substitute judge lacked authority to make new, dispositive findings of fact under Rule 52. View "In re K.N." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights to her minor child, holding that the termination order was properly entered pursuant to Rules 52 and 53 of the North Carolina Rules of Civil Procedure.The trial court entered an order terminating Mother's parental rights in her child based on an adjudication of grounds under N.C. Gen. Stat. 7B-1111(a)(6) and (9) and a determination that it was in the child's best interests to terminate Mother's parental rights. The Supreme Court affirmed, holding that the order was supported by the presumption of regularity, which Mother failed to rebut, as well as an unchallenged finding of fact. View "In re E.D.H." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights to three of her minor children, holding that the trial court did not err or abuse its discretion in terminating Mother's parental rights.The Department of Social Services moved to terminate Mother's parental rights to the three juveniles on the grounds of neglect, willful failure to make reasonable progress, willful failure to pay for the cost of care for the juveniles, and abandonment. The trial court concluded that grounds existed for termination pursuant to each of the grounds alleged and that it was in the juveniles' best interests that Mother's parental rights be terminated. The Supreme Court affirmed, holding (1) the trial court's amended termination order was entered without jurisdiction, but the findings of fact in the trial court's original order supported the adjudication on the ground of neglect; and (2) Mother failed to show prejudice from any alleged error by her trial counsel. View "In re B.B." on Justia Law

The Supreme Court reversed the order of the trial court terminating Father's parental rights to his minor child, holding that the trial court erred in adjudicating the existence of grounds to support a termination of Father's parental rights.At the conclusion of a termination hearing, the trial court concluded that grounds existed to support the termination of Father's parental rights and that it was in the child's best interest to terminate Father's parental rights. The Supreme Court reversed, holding that the trial court erred in adjudicating the existence of grounds for termination under N.C. Gen. Stat. 7B-1111(a)(1), (2) or (7) because the termination of parental rights motion failed to provide sufficient notice to Father that his parental rights were potentially subject to termination under those grounds. View "In re D.R.J." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights to the juvenile who was the focus of this matter, holding that Stepmother had standing to initiate the termination action and that the trial court did not abuse its discretion in terminating Mother's parental rights.Stepmother filed a private petition to terminate Mother's parental rights to her minor child, alleging as grounds for termination willful abandonment of the child within the meaning of N.C. Gen. Stat. 7B-1111(a)(7). After a trial, the trial court terminated Mother's parental rights to the child. The Supreme Court affirmed, holding (1) Stepmother satisfied the relevant statutory requirements to file a private petition for termination of parental rights; (2) clear, cogent, and convincing evidence of abandonment existed for the termination of Mother's parental rights; and (3) the trial court did not abuse its discretion in concluding that it was in the child's best interests to terminate Mother's parental rights. View "In re A.A." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights in her minor child, holding that the trial court did not abuse its discretion in terminating Mother's parental rights.After a hearing, the trial court for that the grounds for termination alleged in the termination petition filed by the Department of Social Services existed and that termination of Mother's parental rights would be in the child's best interests. The Supreme Court affirmed, holding that the trial court's properly supported findings demonstrated that Mother's parental rights in the child were subject to termination on the basis of neglect. View "In re M.K." on Justia Law

The Supreme Court vacated the orders of the trial court denying Mother's petitions to terminate the parental rights of Father to the parties' two children, holding that the trial court's findings of fact were insufficient to support the denial of the termination petitions.Mother filed petitions to terminate Father's parental rights in the children, alleging that Father had willfully failed to pay for the support of the children and had abandoned and neglected the children. The trial court denied the petitions to terminate Father's parental rights. The Supreme Court vacated the trial court's orders, holding that the trial court's findings of fact did not permit meaningful appellate review and were thus insufficient to support the trial court's denial of the termination petitions. View "In re B.F.N." on Justia Law