In re J.M.K., ___ N.C. App. ___, 820 S.E.2d 106 (2018)

Held: 
Reversed
  • Facts: The case involves a private termination of parental rights action initiated by the mother against the father. The petition alleged failure to pay child support and failure to legitimate, G.S. 7B-1111(a)(4) & (5) as grounds. Respondent father’s rights were terminated on the grounds of abandonment, failure to pay child support, and failure to legitimate, and he appeals.
  • Regarding the abandonment ground, the petition neither alleged nor put the respondent father on notice that his parental rights were subject to termination due to abandonment. As a result, the adjudication of abandonment must be reversed.
Category:
Termination of Parental Rights
Stage:
Adjudication
Topic:
Notice of Grounds
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