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How to voluntarily terminate parental rights in NC?

Asheville, NC |

I am trying to find out how to terminate parental rights to my child in the state of
North Carolina, voluntarily, without the other parent's consent. My child does not want me in their life and I am doing what I feel is best for them and what they want. I can not find forms nor information to begin this process.

Attorney Answers 2

Posted

This type of action would require making a petition to the court, asking it to terminate your parental rights. Be aware that terminating your rights will not relieve you of the duty to support your child, unless and until that child is adopted and again has two parents supporting him or her.

Also, the standard the court will use in determining whether you can give up your rights is 'best interests of the child'. It could be that, even though this is what the child claims to want now, it may not be persuasive to the court.

If you wish to find out more, you need to find an attorney in your area who is experienced in family law and have a consultation with him or her.

Good luck.

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2 comments

Rebecca K. Watts

Rebecca K. Watts

Posted

This is not a correct statement of the law in North Carolina. A parent cannot terminate his own rights.

Gena Walling Mccray

Gena Walling Mccray

Posted

Becky is correct on this. The prior answer is incorrect.

Posted

You cannot do what you want to do in NC. If the other parent wants to terminate your parental rights, he/she will have to file a petition and show that the termination is justified according to the grounds set forth in the statutes, such as abandonment. If the other parent does not want to terminate your parental rights, then it will not happen.

The attorney responding is licensed only in the state of North Carolina. This response does NOT constitute legal advice and does NOT create an attorney/ client relationship! Rather, the response is in the form of legal education and is intended to provide general information about the matter in question. Although a response is provided to the specific question, there may be other facts and law relevant to the issue that the questioner has left out and which would make the reply unsuitable. Therefore, the questioner should not base any decision on the answer, but should confer with an attorney in person about the specifics of his or her case.

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