In re J.M.K., 261 N.C. App. 163 (2018)

  • 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.
  • Standard of review is whether clear, cogent, and convincing evidence supports the findings of fact, and whether the findings of fact support the conclusion of law adjudicating the ground to TPR. The findings and conclusions must “reveal the reasoning which led to the court’s ultimate decision.” Sl. Op. at 3.
  •  In a TPR based on failure to pay child support, the “petitioner must prove the existence of a support order that was enforceable during the year before the termination petition was filed.” Sl. Op. at 5 (citations omitted). There was no evidence of a child support order.
Termination of Parental Rights
Fail to Pay Child Support
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