In re E.R.B., ___ N.C. App. ___ (October 7, 2026)
Held:
Affirmed
- Facts: Respondent-Mother appeals the termination of her parental rights to two children on the ground of willful abandonment. In May 2023, Petitioner-Aunt obtained a temporary consent order granting Aunt sole legal and physical custody of the children and Mother biweekly visitation. Over the next year and despite the ability to do so, Mother did not visit the children, provide financial support for the children, or engage in their education. In July 2024, Aunt filed a petition to TPR. Mother challenges nine evidentiary findings and the ultimate finding that Mother abandoned her protected status as a parent for the determinative period, constituting willful abandonment. Mother’s challenge to the trial court’s disposition is summarized separately.
- Appellate courts review TPR orders to determine whether clear and convincing evidence supports its findings and whether the findings support its conclusion of law. Conclusions of law are reviewed de novo. Ultimate findings are conclusive on appeal if reasonably supported by evidentiary findings.
- G.S. 7B-1111(a)(7) allows the trial court to TPR where the parent “willfully abandons the juvenile for at least six consecutive months immediately preceding the filing of the petition or motion.” Sl. Op. at 6, quoting G.S. 7B-1111(a)(7). “[I]f a parent withholds his presence, his love, his care, the opportunity to display filial affection, and wil[l]fully neglects to lend support and maintenance, such parent relinquishes all parental claims and abandons the child.” Sl. Op. at 6 (citation omitted).
- Six challenged findings are supported by the evidence, including testimony of Aunt and Mother. The finding stating Mother had not attempted to visit the children in the entity of 2024 is disregarded as the evidence shows Mother requested to visit on one occasion though the visit never occurred. A portion of the finding stating Mother never sent any gifts or cards to the children is disregarded as the evidence shows Mother gave the children each one gift in July 2023, though outside of the determinative period. The finding making inferences surrounding Mother’s reasoning she did not modify the custody order due to financial hardship is assumed erroneous and not considered.
- The upheld findings support the trial court’s conclusion that Mother willfully abandoned the children for the six months preceding the TPR petition. Mother never sought to modify the custody order; failed to provide financial support for the children despite being employed and receiving a large sum following her husband’s death; and failed to visit the children, despite at times living within two miles, and no evidence shows the Aunt prevented Mother’s visits or communication with the children. Mother also failed to send gifts or show any affection towards the children, attend medical appointments, or inquire about their schooling during the determinative period.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Abandonment