Benjamin S. v. Crystal S., 986 N.W.2d 492

Benjamin and Crystal divorced in 2015; the dissolution decree awarded Benjamin sole legal and physical custody and allowed Crystal supervised visitation only, conditioned on sobriety and mental-health clearance.
After the decree, Crystal admitted to years of substance abuse, criminal convictions, unemployment, and minimal contact with the children; her last supervised visit was January 2016.
Crystal was incarcerated in Colorado in 2019; after release she entered a halfway house, completed counseling and drug programs, remained sober, obtained employment, and filed a motion to modify custody in August 2020 seeking contact.
Benjamin opposed modification and, alternatively, sought termination of Crystal’s parental rights under Neb. Rev. Stat. § 42-364(5). A December 2021 trial was held; only Crystal, Benjamin, and Crystal’s mother testified.
The district court found clear and convincing statutory grounds for termination under Neb. Rev. Stat. § 43-292 (abandonment, willful neglect, failure to support) and concluded termination was in the children’s best interests; the Nebraska Supreme Court reversed and remanded.

Issue	Plaintiff's Argument (Benjamin)	Defendant's Argument (Crystal)	Held
Whether statutory grounds for termination existed (abandonment, neglect, failure to support)	Crystal’s prolonged absence, substance abuse, criminal history, and failure to pay support show statutory grounds under § 43-292	While Crystal had past misconduct, she has since rehabilitated and sought contact; statutory findings should be scrutinized	The court assumed at least some statutory grounds could be supported but found it unnecessary to resolve them definitively because of the best-interests failure
Whether termination was in the children’s best interests	Termination is necessary given Crystal’s prolonged absence, past unfitness, and nonpayment of support	Termination is not shown by clear and convincing evidence because Crystal has been sober, completed treatment, sought contact, and there was little evidence she was presently unfit or that termination would benefit the children	Reversed: no clear and convincing evidence termination served the children’s best interests; record lacked proof of present parental unfitness and of harm from maintaining the parent–child relationship

Wayne G. v. Jacqueline W., 288 Neb. 262, 847 N.W.2d 85 (Neb. 2014) (de novo review of termination under § 42-364(5); appellate court gives weight to trial court witness observations)
In re Interest of Justine J. & Sylissa J., 288 Neb. 607, 849 N.W.2d 509 (Neb. 2014) (defines clear-and-convincing standard in juvenile termination context)
Kenneth C. v. Lacie H., 286 Neb. 799, 839 N.W.2d 305 (Neb. 2013) (statutory grounds do not automatically resolve best-interests inquiry; parental-unfitness standard explained)
In re Interest of Donald B. & Devin B., 304 Neb. 239, 933 N.W.2d 864 (Neb. 2019) (procedural and evidentiary context for termination under the Juvenile Code)
In re Interest of Mateo L. et al., 309 Neb. 565, 961 N.W.2d 516 (Neb. 2021) (distinguishes statutory grounds from forward-looking best-interests analysis)
In re Interest of Gabriella H., 289 Neb. 323, 855 N.W.2d 368 (Neb. 2014) (abandonment under § 43-292(1) requires settled purpose to forgo parental rights)
In re Interest of Xavier H., 274 Neb. 331, 740 N.W.2d 13 (Neb. 2007) (discusses proof of parental unfitness in termination proceedings)
Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (constitutional protection of parental rights and burden of proof considerations)