In re B.C.B., 374 N.C. 32 (2020)

  • 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.
Termination of Parental Rights
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