In a termination of parental rights, a two (2) prong test applies and the Party seeking the termination must establish by clear and convincing evidence both parental fault and that the termination is in the best interests of the minor children. Termination of a parent-child relationship is extremely difficult and often not granted. In fact, NRS § 125.005 (2)(a) states, “[s]everance of the parent and child relationship is a matter of such importance in order to safeguard the rights of parent and child as to require judicial determination.”
Parental fault is defined pursuant to NRS § 128.105 (b)(1) through (8). One of the grounds for parental fault is abandonment pursuant to NRS § 128.105 (b)(1) and is defined pursuant to NRS § 128.102 as follows,
1. “Abandonment of a child” means any conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child.
2. If a parent or parents of a child leave the child in the care and custody of another without provision for the child’s support and without communication for a period of 6 months, or if the child is left under such circumstances that the identity of the parents is unknown and cannot be ascertained despite diligent searching, and the parents do not come forward to claim the child within 3 months after the child is found, the parent or parents are presumed to have intended to abandon the child.
Abandonment cannot occur when a parent is prohibited by Order of the Court from having contact with the children. In the holding of In re Parental Rights as to L.R.S., et al., 140 Nev. Adv. Opn. 62 (September 19, 2024), it was held that when the District Court Order places a child with a parent and does not allow the other parent contact, abandonment does not apply; moreover, abandonment is about intent and efforts to comply with Court Orders regarding evaluations and assessments, coupled with attempts to gain contact, do not equate to an intent to forego as required by the statute. Id. Moreover, this Court noted “a parent’s inability to overcome financial barriers does not support a finding of abandonment. See Matter of R.T., 133 Nev. 271, 274, 396 P.3d 802, 805 (2017) ("Under Nevada law, a district court may not find parental fault if one's failure to care for his or her children is the result of a financial inability to do so.") (citing NRS 128.106(1)(e)).”
Termination of parental rights actions are difficult to prevail on due to constitutionally protected rights of parents. In recent years, the Nevada Supreme Court and Court of Appeals have issued cases which have made it much more difficult for parental rights to be terminated. The process of terminating a parent’s parental rights in most cases requires a Trial which is extremely costly and time consuming.