Kenneth C. v. Lacie H.
839 N.W.2d 305
| Neb. | 2013Background
- Kenneth C. sought paternity and visitation; Lacie H. sought termination of Kenneth’s parental rights based on abandonment.
- District court treated as § 42-364(5)(a) case transferring to juvenile court, guardian ad litem appointed for the minor child (K.H.).
- Evidence focused on whether Kenneth abandoned K.H. for six months before the petition under § 43-292(1).
- Kenneth claimed efforts to contact K.H. and to provide support; Lacie testified to lack of contact and concerns about mental stability.
- Guardian ad litem based his recommendation on the passage of time and lack of contact, not on proven parenting ability; district court terminated rights.
- Nebraska standard: de novo review with independent judgment, but may weigh the district court’s witness credibility when evidence conflicts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether abandonment under § 43-292(1) was proven | Kenneth: evidence shows attempts to contact K.H.; not abandoned | Lacie: no contact and lack of support establish abandonment | Abandonment proven by clear and convincing evidence |
| Whether termination was in K.H.’s best interests | Kenneth: potential for future relationship; not currently unfit | Lacie: best interests served by termination due to lack of relationship | Termination not supported by clear and convincing evidence of best interests; remand for further proceedings |
| Whether the district court applied correct standard and procedure | Proper de novo review with independent facts | Procedural issues satisfied by § 42-364(5)(a) transfer | Standard applied correctly; remand foreseen for further proceedings |
Key Cases Cited
- In re Interest of Karlie D., 283 Neb. 581 (2012) (abandonment based on intent and circumstantial evidence)
- In re Interest of Chance J., 279 Neb. 81 (2009) (abandonment requires clear and convincing evidence)
- In re Interest of Aaron D., 269 Neb. 249 (2005) (best interests and termination due to parental unfitness; future welfare focus)
- In re Interest of Shelby L., 270 Neb. 150 (2005) (prior conduct informs best interests analysis)
- In re Adoption of David C., 280 Neb. 719 (2010) (expert testimony and best interests considerations)
- In re Interest of Sunshine A. et al., 258 Neb. 148 (1999) (best interests framework in juvenile proceedings)
- In re Interest of Sir Messiah T. et al., 279 Neb. 900 (2010) (best interests and evidence standards)
- In re Interest of Kendra M. et al., 283 Neb. 1014 (2012) (comprehensive best interests analysis)
- In re Interest of Ryder J., 283 Neb. 318 (2012) (timing and evidence in termination decisions)
- In re Interest of Kassara M., 258 Neb. 90 (1999) (ferocious considerations in best interests)