219 N.C. App. 219
N.C. Ct. App.2012Background
- Respondent father appeals termination of parental rights to his three juveniles; petition by petitioner mother alleged multiple grounds.
- DSS investigation in 2006 cited domestic violence and drug/alcohol issues in the home; petitioner severed ties and left respondent.
- Respondent was convicted in 2007 for conspiracy to traffic cocaine; released from prison in 2010.
- Domestic violence protection order issued in 2010 prohibited respondent from contacting petitioner or the juveniles.
- Petitioner filed for termination and respondent filed a custody action in 2010; termination petition filed 8 Feb 2011.
- Trial court terminated rights on two grounds: willful failure to pay support and willful abandonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there an enforceable support order? | Petitioner argues a support decree existed and was enforceable. | Respondent contends no enforceable support order existed. | No enforceable support order; ground invalid. |
| Did respondent willfully abandon the juveniles? | Petitioner asserts abandonment shown by six-month period of non-contact. | Respondent argues actions show desire to maintain custody; not abandonment. | abandonment not proven; ground invalid. |
Key Cases Cited
- In re Shepard, 162 N.C. App. 215 (N.C. App. 2004) (standard for evidence supporting termination findings)
- In re Clark, 72 N.C. App. 118 (N.C. App. 1984) (evidentiary sufficiency in termination cases)
- In re S.R.G., 195 N.C. App. 79 (N.C. App. 2009) (clear, cogent evidence required for findings)
- In re S.N., 194 N.C. App. 142 (N.C. App. 2008) (trial court conclusions reviewed de novo)
- In Adoption of Searle, 82 N.C. App. 273 (N.C. App. 1986) (willful abandonment requires more than failure to fulfill duties)
- Roberson, 97 N.C. App. 277 (N.C. App. 1990) (need for a support order to prove § 7B-1111(a)(4))