When Will a Nevada Court Terminate Parental Rights?

Nevada courts have authority to terminate parental rights in specific circumstances. The termination of a parent’s rights may be voluntary or involuntary. In both cases, the proceeding is an extremely serious matter governed by complex laws. For a parent involved in a termination proceeding, representation by an experienced family law attorney is strongly advised.

Initiation of a Termination Petition

A termination of parental rights action may be filed by a parent, guardian, or other family member. A child welfare agency, probation officer, or any other person also may file a termination petition.

Termination of a parent’s rights may be voluntary or involuntary.  A common type of voluntary case is based on an agreement between the child’s two parents. Situations where agreement may occur is when one parent has not seen the child for a significant amount of time or no longer wishes to be part of the child’s life.

Termination also may occur voluntarily as part of a stepparent adoption proceeding in which the child is being adopted by the new spouse of one of the parents. Clark County Family Court allows for the termination of parental rights and an adoption to be addressed in one action, so that separate actions are not necessary for the termination and the adoption. When the parties agree on all the issues, the process typically goes fairly quickly.

A parent may oppose a petition to terminate their parental rights involuntarily. In addition, state law provides a specific process for terminating the parental rights of a person whose whereabouts are unknown. Specific steps must be taken to attempt to locate the parent before the termination request can be granted by the court.

Grounds for the Termination of a Parent’s Rights

A court may grant a petition for termination of parental rights only if specific statutory requirements are met. To grant a termination petition, the court must find that the evidence supports the conclusion that termination is in the best interest of the child. In addition, if the termination is involuntary, the moving party must demonstrate through evidence there is a legal basis for termination.

The statutory grounds for seeking a court order involuntarily terminating a parent’s rights include:

1. Abandonment: The court may construe a parent’s conduct as an intention to give up custody and parental rights that constitutes abandonment and justifies termination, such as leaving the child in the care of another person without contacting the child or providing financial support for at least six (6) months without good reason.
2. Neglect: Failure to provide food, shelter, medical care, education, and other needs of the child may constitute neglect that justifies the termination of parental rights.
3. Unfit Parent: The court may terminate parental rights after finding the parent to be unfit on the basis of the parent’s conduct toward the child or another person, if the parent fails to provide proper care, guidance, and support for the child.
4. Risk of Injury to the Child: The court may terminate a parent’s rights after finding that returning the child to the parent would put the child at risk of physical, emotional, or mental injury.
5. Failure of Parental Adjustment: If a parent does not correct problems within a reasonable time after a child is removed from their care, the court may grant a petition by the state to terminate the parent’s rights.
6. Token Efforts: If a parent has made only token efforts to support, communicate with, prevent neglect, eliminate risk of injury to the child, or avoid being an unfit parent, the court may order the parent's rights terminated.

The court process involves an investigation and a hearing. The primary question the judge decides is what is in the best interest of the child. The conduct of the parent is also evaluated. Ultimately, the judge enters an order based on the conclusions reached during the process, either granting or denying the termination request.

What Is the Effect of Termination of Parental Rights?

If a court terminates the legal rights of a parent, the parent-child relationship no longer exists in the eyes of the law. There are a number of specific ramifications:

• The parent has no rights to visitation, custody, or communication with the child.
• The parent has no right to participate in raising the child.
• The parent’s name is removed from the child’s birth certificate.
• The parent no longer has an obligation to support the child.
• The child may be adopted without the parent’s consent.

Termination of parental rights does not extinguish an existing obligation to pay past due child support. However, in some circumstances (such as an agreement between the parents), the other parent may waive the right to receive the past due amounts.

Schedule a Free Consultation on with an Experienced Las Vegas Family Law Attorney

If you need assistance with a matter relating to termination of parental rights, Las Vegas family law attorney Joseph Gersten is here to help. Your initial consultation is free-of-charge. Call 702.857.8777 or complete our online form to schedule an appointment.