Termination of Parental Rights is taken very seriously by the Courts unless it is due to an adoption and
the termination is voluntary.
If it is caused by claims of an unfit parent causing neglect, physical injury,
emotional injury of a child or children, the best interest of the child always comes first.
If you are trying to defend your rights by any unjust claims against you regarding the
termination of your parental rights we will work with you to build your case to fight these allegations.
At McFarling Law Group, our family law attorneys are experienced in
dealing with the Clark County Courts on all family law issues,
including termination of parental rights. If you would like to schedule
a consultation with one of our attorneys in the Las Vegas, Nevada area,
call our office at 702.565.4335. If you do not need a consultation we
can set-up an immediate client intake.
Nevada State Legislature Statues states:
NRS 128.005 Legislative declaration and findings.
1. The Legislature declares that the preservation and
strengthening of family life is a part of the public policy of this
State.
2. The Legislature finds that:
(a) Severance of the parent and child relationship is a matter
of such importance in order to safeguard the rights of parent and child
as to require judicial determination.
(b) Judicial selection of the person or agency to be entrusted
with the custody and control of a child after such severance promotes
the welfare of the parties and of this State.
(c) The continuing needs of a child for proper physical,
mental and emotional growth and development are the decisive
considerations in proceedings for termination of parental rights.
NRS 128.105 Grounds for terminating parental rights: Considerations; required findings.
The primary consideration in any proceeding to terminate
parental rights must be whether the best interests of the child will be
served by the termination. An order of the court for the termination of
parental rights must be made in light of the considerations set forth
in this section and NRS 128.106 to 128.109 , inclusive, and based on
evidence and include a finding that:
1. The best interests of the child would be served by the termination of parental rights; and
2. The conduct of the parent or parents was the basis for a
finding made pursuant to subsection 3 of NRS 432B.393 or demonstrated
at least one of the following:
(a) Abandonment of the child;
(b) Neglect of the child;
(c) Unfitness of the parent;
(d) Failure of parental adjustment;
(e) Risk of serious physical, mental or emotional injury to the
child if he were returned to, or remains in, the home of his parent or
parents;
(f) Only token efforts by the parent or parents:
(1) To support or communicate with the child;
(2) To prevent neglect of the child;
(3) To avoid being an unfit parent; or
(4) To eliminate the risk of serious physical, mental or emotional injury to the child; or
(g) With respect to termination of the parental rights of one parent, the abandonment by that parent.
NRS 128.106
Specific considerations in determining neglect by or unfitness
of parent. In determining neglect by or unfitness of a parent, the
court shall consider, without limitation, the following conditions
which may diminish suitability as a parent:
1. Emotional illness, mental illness or mental deficiency of
the parent which renders the parent consistently unable to care for the
immediate and continuing physical or psychological needs of the child
for extended periods of time. The provisions contained in NRS 128.109
apply to the case if the child has been placed outside his home
pursuant to chapter 432B of NRS.
2. Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature.
3. Conduct that violates any provision of NRS 200.463 , 200.464 or 200.465 .
4. Excessive use of intoxicating liquors, controlled substances
or dangerous drugs which renders the parent consistently unable to care
for the child.
5. Repeated or continuous failure by the parent, although
physically and financially able, to provide the child with adequate
food, clothing, shelter, education or other care and control necessary
for his physical, mental and emotional health and development, but a
person who, legitimately practicing his religious beliefs, does not
provide specified medical treatment for a child is not for that reason
alone a negligent parent.
6. Conviction of the parent for commission of a felony, if the
facts of the crime are of such a nature as to indicate the unfitness of
the parent to provide adequate care and control to the extent necessary
for the child’s physical, mental or emotional health and development.
7. Unexplained injury or death of a sibling of the child.
8. Inability of appropriate public or private agencies to
reunite the family despite reasonable efforts on the part of the
agencies.
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