In re A.L., 245 N.C. App. 55 (2016)


  • By operation of law (G.S. 48-3-703), the department acquired custody of the child upon the mother’s executed relinquishment to the department. As a result, the child is placed in the custody of a county department of social services. One ground to terminate parental rights is based on a parent’s failure to pay a reasonable portion of the cost of care for a juvenile placed in the custody of a county department when the parent is physically and financially able to do so. G.S. 7B-1111(a)(3).
  • The evidence supports the court’s findings that the father had an ability to pay a reasonable amount of child support and that he failed to do so. There was a child support order. He signed a memorandum of agreement that he had an ability to pay. There was evidence he was employed as a mechanic and a truck driver. He only made two payments in three years and they were made in connection with contempt proceedings brought against him.


Termination of Parental Rights
Failure to Pay Reasonable Cost of Care
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