In the Interest of J.J.G., M.K.G. and O.J.G., minor children

Summary

The North Dakota Supreme Court affirmed orders denying a mother's petition to terminate the father's parental rights and her motion for a new trial. The court held that the district court's finding that the father had not abandoned the children was not clearly erroneous and that the court had discretion to deny termination. The court also concluded that denial of the new-trial motion was not an abuse of discretion.

Holdings

1. The district court did not clearly err in finding that T.K. failed to prove abandonment by clear and convincing evidence.
2. Even if clear and convincing evidence of abandonment existed, the district court had discretion to deny termination, and T.K. did not establish that denial would seriously affect the children's welfare.
3. The district court did not abuse its discretion by denying T.K.'s motion for a new trial.

Questions Presented

1. Whether the district court clearly erred in finding that D.D.G. had not abandoned the children and in denying the petition to terminate his parental rights.
2. Whether the district court abused its discretion by denying T.K.'s motion for a new trial based on alleged insufficient evidence and newly discovered evidence.

Disposition

affirmed