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The North Carolina Court of Appeals recently affirmed the trial court order in Madar v. Madar, (Dec. 31, 2020), that required both parents to pay costs associated with their child’s […]
Chief Justice Paul Newby issued an order on Friday, effective today, extending emergency directives currently in place for an additional thirty days to in light of the ongoing COVID-19 pandemic. […]
Consider the common scenario in which a proceeding under Article 11 of G.S. Chapter 7B is filed to terminate a parent’s rights to their child. How and when an attorney is appointed for the respondent parent in a termination of parental rights proceeding (TPR), whether the attorney is provisional or confirmed, and how the attorney may withdraw, depends on a few factors. Ongoing confusion on these points has led to several appeals in recent years, including a new ruling by our Supreme Court. See In re K.M.W., 376 N.C. 195 (2020). This post reviews the governing principles under North Carolina case law and statutes.
Today is the annual GiveUNC day. This year is also the School’s 90th Anniversary! Although the faces have changed over time and the name of our School (from Institute of […]
In an opinion issued on March 16, 2021, the North Carolina Court of Appeals held that a trial court’s award of visitation to paternal grandparents pursuant to North Carolina’s grandparent […]
Chief Justice Paul Newby issued an order on Friday, effective today, extending emergency directives currently in place for an additional thirty days to in light of the ongoing COVID-19 pandemic. Tomorrow marks […]
What happens if a court report is distributed to the parties and the court in an abuse, neglect, and dependency case, but the report is never formally offered or admitted […]
North Carolina adoption laws are codified in G.S. Chapter 48. I find it to be one of the more difficult Chapters to navigate because it consists of interrelated Articles and Parts. As you get familiar with the Chapter, the procedures and requirements become less challenging to piece together. It is imperative to know these procedures because “the law governing adoptions in North Carolina is wholly statutory.” Boseman v. Jarrell, 364 N.C. 537, 542 (2010).
Under North Carolina adoption laws, before an adoption of an unemancipated minor may be granted, certain consents must be obtained. See G.S. 48-3-601 through -603. One required consent is from the minor adoptee if they are 12 years old or older. G.S. 48-3-601(1). However, that minor’s consent may be waived when the court issues an order based upon a finding that it is not in the minor’s best interests to require their consent. G.S. 48-3-603(b)(2).
What court has jurisdiction to enter the order waiving the minor adoptee’s consent?
The question is circulating due to some recent North Carolina Supreme Court opinions involving appeals of termination of parental rights (TPR) orders. The facts of the opinions indicate the district court in the TPR action waived the juvenile’s consent to the adoption. The issue of whether the district court in a TPR proceeding has subject matter jurisdiction to waive the juvenile’s consent does not appear to have been raised before or decided by the Supreme Court. Instead, the minor’s waiver of consent is discussed by the Supreme Court in its review of the facts when analyzing a challenge to the district court’s determination that the TPR is in the juvenile’s best interests. The factual summaries in the Supreme Court TPR opinions made me sit up in my chair, take notice, and ask the questions in this post.
Children in North Carolina can be tried as respondents in delinquency proceedings for their actions beginning at age 6. The inclusion of young children in delinquency jurisdiction, some of whom may be young enough to remain staunch believers in Santa and to eagerly await a visit from the tooth fairy or the Easter bunny, raises significant legal questions in light of their developmental maturity. Those questions include:
A new Juvenile Law Bulletin, Including Young Children in Delinquency Jurisdiction: Issues of Infancy and Capacity, is now available and discusses these issues in-depth. This blog provides some highlights of the bulletin.
In the post “Retroactive Support: What is it and how is the amount determined”, I wrote that the law defines retroactive support as support due for the time before a […]