Legal Question in Family Law in North Carolina

Fitness is not an issue if your parents are seeking to terminate your parental rights. I don't know your circumstances, but being a parent implies more than "visiting" your children and paying child support. How is it that your parents (a) obtained custody of the children; and (b) kept custody of the children for 7 years?

The children deserve more than you being a part-time parent of convenience.

The question in a termination case is not whether a parent is fit but whether the grounds for termination have been met. The grounds for termination are set forth in NC GS � 7B-1111.

Since you relate that the grandparents have had custody for 7 years, the grounds are probably as set forth below:

NC GS � 7B-1111

(a) The court may terminate the parental rights upon a finding of one or more of the following: ...

(2) The parent has willfully left the juvenile in foster care or placement outside the home for more than 12 months without showing to the satisfaction of the court that reasonable progress under the circumstances has been made in correcting those conditions which led to the removal of the juvenile. Provided, however, that no parental rights shall be terminated for the sole reason that the parents are unable to care for the juvenile on account of their poverty.

...(6) That the parent is incapable of providing for the proper care and supervision of the juvenile, such that the juvenile is a dependent juvenile within the meaning of G.S. 7B-101, and that there is a reasonable probability that such incapability will continue for the foreseeable future. Incapability under this subdivision may be the result of substance abuse, mental retardation, mental illness, organic brain syndrome, or any other cause or condition that renders the parent unable or unavailable to parent the juvenile and the parent lacks an appropriate alternative child care arrangement.

(7) The parent has willfully abandoned the juvenile for at least six consecutive months immediately preceding the filing of the petition or motion, or the parent has voluntarily abandoned an infant pursuant to G.S. 7B-500 for at least 60 consecutive days immediately preceding the filing of the petition or motion.

(b) The burden in such proceedings shall be upon the petitioner or movant to prove the facts justifying such termination by clear and convincing evidence.

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If I were you, I would immediately get to a family lawyer who has expertise with this. If you cannot afford counsel, the court will appoint an attorney for you. See � 7B-1101.1.

Parent's right to counsel; guardian ad litem.

(a) The parent has the right to counsel, and to appointed counsel in cases of indigency, unless the parent waives the right. The fees of appointed counsel shall be borne by the Office of Indigent Defense Services. When a petition is filed, unless the parent is already represented by counsel, the clerk shall appoint provisional counsel for each respondent parent named in the petition in accordance with rules adopted by the Office of Indigent Defense Services and shall indicate the appointment on the juvenile summons.