Summary
The Nevada Supreme Court affirmed the denial of Brian M.'s petition to voluntarily terminate his parental rights. The court held that a parent may not terminate parental rights and obligations merely to avoid child-support responsibilities; termination must be in the child's best interests and supported by the statutory requirements. The court also held that Brian waived appellate review of his claim that he was denied an opportunity to examine a witness because his counsel did not object or renew the request at trial.
Topics
Practice areas
Questions Presented
- Whether a parent may voluntarily terminate parental rights and obligations when the termination is not shown by clear and convincing evidence to serve the child's best interests.
- Whether the district court improperly denied Brian an opportunity to examine Leah regarding the child's best interests, and whether that issue was preserved for appellate review.
Holdings
- A parent cannot voluntarily terminate parental rights and obligations unless the termination is deemed to be in the child's best interests. Even if the parent's conduct satisfies a parental-fault provision in NRS 128.105, termination is inappropriate unless the child's best-interests threshold is satisfied.
- Brian was precluded from raising the claim that the district court improperly denied him the opportunity to examine Leah because counsel did not renew the request or object after the court interrupted the examination.
Key quotations
“We therefore hold that a parent cannot voluntarily terminate his parental rights and obligations unless such termination is deemed to be in the child’s best interests.” (at 569)
“A minor child has a right to support from a parent that cannot be abdicated unless the best interests threshold is satisfied.” (at 569)
Factual background
Brian M. was determined by blood test to be the biological father of a child born in 1985, but he had little involvement in the child's life and had not been required to provide support. After the child had been raised by relatives and public assistance had been provided, Brian petitioned to terminate his own parental rights, asserting that termination would benefit the child and relieve him of future support obligations. The child's mother and the State opposed termination, and the district court denied the petition.
Procedural history
Brian filed a petition to terminate his parental rights on May 3, 2001. After a June 28, 2001 hearing, the district court denied the petition on public-policy and child-best-interests grounds. Brian appealed, also arguing that the district court improperly prevented his counsel from questioning Leah regarding the child's best interests.