The Importance of Parental Responsibility: Insights From In Re: B.L.K.

By Annelisse Velazquez-FernandezAnnelisse, a woman with dark brown hair, wears brown glasses and a navy blue and white striped blouse.

In the complex world of family law, the stakes can be incredibly high, particularly when it comes to the termination of parental rights. The recent unpublished opinion of In Re: B.L.K., decided by Judge Arrowood in Moore County on September 17, 2024, highlights the profound implications of parental involvement — or lack thereof. Here, the father appealed the termination of his parental rights, questioning whether the trial court had sufficient evidence to support (1) willful abandonment under N.C.G.S. § 7B-1111(a)(7) and (2) termination under N.C.G.S. § 7B-1111(a)(5). The Court of Appeals focused solely on the first issue, noting that if any statutory ground in § 7B-1111(a) is supported by competent evidence, the remaining grounds need not be addressed.

At the heart of this case is Bailey, whose father faced a series of incarcerations due to serious drug offenses and found himself at the center of a courtroom battle after Bailey’s mother filed a petition to terminate his parental rights in July 2022. From the outset, concerns about his involvement in Bailey’s life were apparent. He had requested that the mother terminate her pregnancy before Bailey’s birth and chose not to be listed on her birth certificate, allegedly to avoid child support obligations. After Bailey’s birth, the father made little effort to foster a relationship with her. Ultimately, he was incarcerated on July 27, 2024. During his time in prison, he neglected to maintain any connection with Bailey. While incarcerated, he sent limited correspondence to Bailey and her mother and provided no financial support despite earning approximately $40,000 through prison work programs. In contrast, he maintained regular communication with one of his other children, illustrating a pattern of selective engagement.

During the hearing, the father attempted to claim limitations in his ability to communicate with Bailey, but evidence indicated he had the means to do so but chose not to. After his release on July 17, 2023, he failed to reach out to Bailey and did not even invite her to his release party, which he celebrated with his other children. The father’s disregard for Bailey’s presence in his life served as compelling evidence for the trial court, which found clear and convincing proof of willful abandonment. This determination was rooted in N.C.G.S. § 7B-1111(a)(7), allowing for the termination of parental rights when a parent has willfully abandoned a child for at least six months prior to the filing of the petition.

The Court’s Decision: A Clear Message on Parental Rights

The Court of Appeals affirmed the trial court’s decision to terminate the father’s parental rights, emphasizing that behavior before and during the relevant six-month period influences the determination of abandonment. Here, the father’s history of neglect and lack of involvement painted a picture of willfulness, indicating he had no real desire to maintain his custodial rights.

The father attempted to rely on In re S.C.L.R., 378 N.C. 484 (2021), where the Supreme Court found a trial court erred in terminating parental rights due to ongoing contact between a father and his child. However, in this case, the father did not reach out to Bailey or inquire about her well-being. The court also considered his prior requests for an abortion and his refusal to sign the birth certificate to evade child support obligations, highlighting a lack of commitment and engagement with his daughter compared to the father in the cited case.

The court also noted that while incarceration poses challenges, it does not excuse a parent from maintaining contact or showing concern for their child’s well-being. The father’s attempts to downplay his lack of communication were undermined by evidence of his consistent engagement with another child, further solidifying the court’s decision.

The Main Takeaway for Family Law Practitioners

The Bigger Picture Matters: Courts closely scrutinize a parent’s actions in the six months before a petition, but presenting evidence of overall behavior before and after that timeframe is crucial. Establishing a pattern of neglect can be pivotal in proving willful abandonment.

Key Legal Principles and Case Law Insights

  • N.C.G.S. § 7B-1111(a)(7): This statute allows for the termination of parental rights if a parent has willfully abandoned their child for at least six consecutive months prior to the filing of the termination petition.
  • In re D.M.O., 250 N.C. App. 570, 575 (2016): This case clarifies that mere incarceration does not automatically determine whether a parent has willfully abandoned their child. A parent’s failure to maintain contact can lead to a finding of willful abandonment, regardless of imprisonment.
  • In re S.C.L.R., 378 N.C. 484 (2021): The Supreme Court ruled that the trial court erred in terminating a father’s parental rights because there was evidence of ongoing contact, highlighting the importance of maintaining a relationship with the child.