In re M.R.F., 378 N.C. 638 (2021)
Held:
Reversed
- Facts: Grandmother initiated a TPR on October 30, 2019. The TPR was granted on multiple grounds, and father appeals, challenging the G.S. 7B-1111(a)(5).
- G.S. 7B-1111(a)(5) authorizes a TPR for a father to a child who is born out of wedlock when he does not do any of the 5 enumerated actions to legitimate, support, or acknowledge/establish paternity of the child. There must be evidence and findings of all 5 statutory factors.
- There is no evidence the child was born out of wedlock. Father is listed on the child’s birth certificate and the child has father’s surname. There is no evidence father did not take any of the 5 actions.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Father to Child Out-of-Wedlock