In re B.C.B., ___ N.C. ___ (April 3, 2020)

Held: 
Affirmed
  • Facts: Mother petitioned to terminate father’s parental rights on the grounds of abandonment and failure to pay child support. Father’s attorney filed a motion to dismiss alleging insufficient notice of facts. The motion was denied. After hearing, the TPR was granted on the ground of abandonment. Respondent father appeals.
  • Notice: G.S. 7B-1104 requires a TPR petition “state ‘[f]acts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights exists.’ ”Sl.Op. at 4. Quoting the court of appeals, “[w]hile there is no requirement that the factual allegations be exhaustive or extensive, they must put a party on notice as to what acts, omissions, or conditions are at issue.” Id. Here, the petition included more than a mere recitation of the statutory grounds to TPR; it alleged both grounds, that both actions were willful, and addressed at length respondent father’s violation of the child custody orders in support of the allegation of willful abandonment.
Category:
Termination of Parental Rights
Stage:
Pleading
Topic:
Sufficiency
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