In re S.I.D.-M., 288 N.C. App. 154 (2023)

Held: 
Affirmed
There is a dissent
in part, concur in part by Tyson, J.
  • Facts: Mother filed TPR against father alleging abandonment, failure to pay child support, and dependency. Prior to the TPR, mother had a custody order granting her sole custody and a modified order that suspended father’s visits until he “presents himself to the Court and show just cause as to why his visits should be reinstated.” Sl.Op. at 2. The modification was based on father’s mental health issues. The court denied the TPR on 2 of the grounds but granted it on the abandonment ground. Father appeals, challenging the evidence was insufficient to support the findings of fact and the findings do not support the conclusion.
  • G.S. 7B-1111(a)(6) allows for a TPR when a parent has willfully abandoned their child for at least 6 consecutive months immediately preceding the filing of the TPR petition. Abandonment involves conduct that manifests a willful determination to forego all parental duties and relinquish all parental claims by withholding one’s presence, love, care, opportunity to show filial affection, and fails to support the child. Willfulness requires purpose and deliberation.
  • A trial court weighs the evidence and determines its credibility. The trial court’s finding that an email was sent to mother by father’s attorney before the TPR was filed was supported. Without the email, father’s testimony, or a more equivocal answer from mother that the email was to resume visitation, the court was not obligated to address what the purpose of the email was. The evidence also supports the findings that father did not attempt to contact mother during the determinative 6-month period. Although father believed there was a no-contact order, it was based on his not reading the order suspending visitation, which set forth what father had to do to obtain visits. The court inferred father was not motivated or interested enough in resuming visits. The findings support the conclusion of abandonment.
  • Dissent in part: Mother did not meet her burden of proof for the abandonment ground and the findings are not supported by clear, cogent, and convincing evidence.
Category:
Termination of Parental Rights
Stage:
Adjudication
Topic:
Abandonment
Tags:
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abandonment
TPR