Terminating parental rights?

[maxwell]

BM had supervised visitation of infant before final hearing and saw child once (for 2 hours) in 4 months, and now after final hearing (4 months more has gone by) has not even called (child is now 20 months old). She signed agreement evening before final hearing which stipulates continuation of supervised visitation to only be revisited by me when child is of age to communicate and BM sees court-ordered Psychologist. She refused to even meet with GAL during entire action and had 4 Contempt charges over her head (which I dropped as well as CS). I have sole custody in NC (although hearings were in SC).

SC law says parental rights can be terminated for "abandonment or extreme parental disinterest", "failure to maintain contact", "failure of reasonable efforts". (There are no real definitions.)  To me, it seems she has met all these qualifications.

Given her disturbing history I just rather not have her trying to step in down the road and try to mess up my son's life (like she has her other children and their fathers -- long story).

1. Is terminating parental rights generally a difficult thing to do?

2. Is there a general rule of thumb as far as how long one should wait before filing such an action given my circumstances (lack of NCP interest so far for 8 months)?

3. Would I be advised to look at the NC rules also as they may be slightly different (I think I can have the case transferred)?

Thx again for all your help over the year+.

[socrateaser]

>1. Is terminating parental rights generally a difficult thing
>to do?

Very difficult. Requires that you carry the burden of proof by "clear and convincing" evidence standard. Courts are EXTREMELY resistant to terminate unless another person is willing to step in as legal parent.

>
>2. Is there a general rule of thumb as far as how long one
>should wait before filing such an action given my
>circumstances (lack of NCP interest so far for 8 months)?

Whatever your jurisdiction's statue requires for time is what is required.

>3. Would I be advised to look at the NC rules also as they may
>be slightly different (I think I can have the case
>transferred)?

If the child has resided in NC for more than 6 months then you can probably get SC to relinquish jurisdiction. Otherwise, SC law will apply, UNLESS the other parent no longer lives in SC, in which case, NC law will apply.