Justia Family Law Opinion Summaries

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

The Supreme Court affirmed the decision of the court of appeals vacating the trial court's planning order in this case and remanding the case for additional findings, holding that the court of appeals did not err in concluding that Father waived his constitutional argument.After a hearing, the trial court granted guardianship of Father's two children, Jimmy and Lola, to the maternal grandparents. The court of appeals vacated the trial court's permanency planning order, holding that the trial court erred by failing to make necessary findings under N.C. Gen. Stat. 7B-906.1(n) but that Father had waived his argument that the trial court erred by granting guardianship without concluding beforehand that Father was an unfit parent or had acted inconsistently with his constitutional right to parent. The Supreme Court affirmed, holding that Father's unpreserved constitutional arguments were waived on appeal. View "In re J.N." on Justia Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights in her son, Scott, holding that the evidence supported the trial court's conclusion that termination of Mother's parental rights was in Scott's best interests.After a hearing, the trial court adjudicated that grounds to terminate Mother's parental rights to Scott under N.C. Gen. Stat. 7B-1111(a)(1) and (2) and concluded that termination of Mother's parental rights was in the child's best interests. The Supreme Court affirmed, holding (1) the trial court's dispositional findings were supported by competent evidence; and (2) the trial court did not abuse its discretion in determining that it was in Scott's best interests that Mother's parental rights be terminated. View "In re S.D.C." on Justia Law

The Supreme Court affirmed the judgment of the trial court terminating Mother's parental rights to her two children, Lucy and Joseph, holding that there was no error.Petitioners, court-appointed custodians of the two juveniles, filed petition to terminate Parents' parental rights on the grounds of willful abandonment. The trial court eventually entered an order terminating Mother's parental rights to Lucy and Joseph, finding that Mother had willfully abandoned the children and that termination of Mother's parental rights was in the children's best interests. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in denying Mother's motion to continue. View "In re L.A.J." on Justia Law

The Supreme Court affirmed the orders of the trial court terminating Father's parental rights to his minor child Becky, holding that the trial court did not err in adjudicating that a ground existed to terminate Father's parental rights due to willful abandonment pursuant to N.C. Gen. Stat. 7B-1111(a)(7).Mother filed a petition to terminate Father's parental rights. The trial court adjudicated that a ground existed to terminate Father's parental rights on the basis that he willfully abandoned Becky for six consecutive months and further determined that termination of Father's parental rights was in Becky's best interests. The Supreme Court affirmed, holding that the trial court properly terminated Father's parental rights pursuant to section 7B-1111(a)(7). View "In re B.E.V.B." 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 trial court did not err.The Department of Social Services petitioned to terminate Mother's parental rights to her child on the grounds of neglect and willfully leaving him in foster care for more than twelve months without making reasonable progress in correcting the conditions that led to the child's removal. The trial court adjudicated that both grounds for termination existed and that it was in the child's best interests that Mother's parental rights be terminated. The Supreme Court affirmed, holding that the trial court did not err in determining that a ground existed to terminate Mother's parental rights under N.C. Gen. Stat. 7B-1111(a)(1). View "In re B.R.L." on Justia Law

The Supreme Court vacated the order of the superior court terminating Father's parental rights to his son, holding that the trial court's denial of Father's motion to continue the adjudicatory hearing undermined the fairness of that hearing and that the trial court prejudicially erred.On the day of the adjudicatory termination hearing, Father was unable to appear due to a lockdown at his prison due to the COVID-19 pandemic. The trial court denied Father's motion to continue the hearing and later terminated his parental rights. The Supreme Court vacated the judgment below, holding that by denying Father's motion to continue the adjudicatory hearing, the trial court violated Father's rights to due process and undermined the fundamental fairness of that hearing. View "In re C.A.B." on Justia Law