Delete Pages From Legal North Carolina Abandonment Forms For Free

When it becomes clear that a parent cannot care for his or her child, a petition with the county court should be filed. Under North Carolina law, only a child's other parent, a court-appointed guardian, and the county Department of Social Services can begin the process of terminating parental rights.

Under North Carolina law, abandonment occurs when one spouse (1) willfully ends cohabitation; (2) without the intent to resume living together; (3) without consent of the other spouse; and (4) without justification or provocation.

There is no separate claim in North Carolina for abandonment; however, it may be relevant in certain situations such as claims for divorce from bed and board and alimony where fault is a central part of the claim.

A parent who has willfully abandoned a child for at least 6 consecutive months (or an infant for at least 60 consecutive days) can have their parental rights terminated. Abandonment involves a parent's intention to give up their parenting duties and claims. This generally requires showing more than simple neglect.

Under North Carolina law, abandonment occurs when one spouse (1) willfully ends cohabitation; (2) without the intent to resume living together; (3) without consent of the other spouse; and (4) without justification or provocation.

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.