Legal Question in Family Law in North Carolina
termination of parental rights
If a Father's parental rights are terminated because he had nothing to do with his son for a very long perid of time, can the termination be reversed? Even
if the Father made no appeal to the papers being served in the local newspaper because he could not be found. If this can be reversed, then I see no point in even terminating these rights. It would defeat the entire purpose. we are very worried that this man could just come up after 4 yrs. of not seeing his son, and months after the termination, and get this decion reversed. So I was just wondering if it is at all possible for him to do so?
1 Answer from Attorneys
Re: termination of parental rights
It almost certainly can NOT be reversed. There is an outside chance that it could be attacked IF, AND ONLY IF, the biological father could prove that he had not been served, and the reason he was not served (given notice of the hearing) was that the bilogical mother lied and did not let the attorney or court know where he was. If the mother honestly did not know where the father was, and all reasonable efforts, including publication were made, Termination cannot be overturned.
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