Las Vegas Termination of Parental Rights Clear and Convincing

The Nevada Supreme Court ruled in April 2012 that a the lower Nevada district court must make express findings of fact in its written order, or on the record, when determining whether to grant or deny a petition to terminate a parent’s parental rights.  

The court stated:

A petitioner in termination proceedings has the burden to prove by clear and convincing evidence that termination is in the child’s best interest and that parental fault exists.  When a district court fails to make any findings concerning this standard of proof in its order or on the record, this court is unable to determine on appeal whether substantial evidence supports the district court’s ruling.  In the present case, neither the district court’s order nor the record contains findings of fact to support the district court’s conclusions, and thus, we reverse the order terminating appellant’s parental rights and remand this matter to the district court to enter its findings.  

 In re Parental Rights as to C.C.A., 128 Nev. Adv. Op. No. 15 April 5, 2012 

In this case, the family trial court had a two day evidentiary hearing and then failed to either give an oral ruling or a written ruling that explained the findings of facts and conclusions of law to warrant the termination of parental rights.  

Because even judges make mistakes in rendering rulings, it is important to have an attentive family law attorney represent you especially when your fundamental parental rights are at risk.

REQUIRED DISCLAIMER

The information about termination of parental rights contained on this page is not intended to be legal advice about termination of parental rights.  Your termination of parental rights matter should always be evaluated by a Las Vegas family lawyer.  You should treat termination of parental rights with the seriousness it requires.  Just as you would not likely conduct surgery on yourself, you should not represent yourself in court regarding your termination of parental rights matter.  At the very least, consult with a local attorney—multiple times if necessary if you insist upon representing yourself.