S.L.W. v. C.M.T.

Summary

The North Dakota Supreme Court affirmed the district court’s denial of a petition to terminate a birthfather’s parental rights and permit a stepparent adoption. The Court held that the petitioners failed to prove the statutory grounds for termination by clear and convincing evidence and summarily affirmed under North Dakota Rule of Appellate Procedure 35.1(a)(2).

Holdings

1. The petitioners failed to prove the statutory grounds for termination by clear and convincing evidence.
2. The district court's findings that the petitioners failed to prove the statutory grounds for termination were not clearly erroneous.
3. Termination of parental rights remains discretionary even when statutory grounds are established.

Questions Presented

1. Whether the petitioners proved by clear and convincing evidence the statutory grounds for terminating C.M.T.'s parental rights in connection with the requested adoption.
2. Whether the district court's findings that the statutory grounds for termination were not established were clearly erroneous.

Disposition

affirmed