In re M.R.F., 2021-NCSC-111

Held: 
Reversed
  • Facts: Grandmother initiated a TPR on October 30, 2019. The TPR was granted on multiple grounds, and father appeals, challenging the application of G.S. 7B-1111(a)(4).
  • G.S. 7B-1111(a)(4) authorizes a TPR when “one parent” has been awarded custody by court order or through a custody agreement of the parents, and the other parent whose rights are sought to be terminated has willfully failed to pay for child support pursuant to an order or the custody agreement for one year of more next preceding the filing of the TPR petition.
  • Here, the petitioner is the child’s grandmother, not a parent. There is no evidence in the record that the child’s mother was awarded custody or had custody through an agreement of the parents or that there was a court order or custody agreement for child support.
Category:
Termination of Parental Rights
Stage:
Adjudication
Topic:
Fail to Pay Child Support
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