Do I need an attorney to file a petition to terminate parental rights?
It is always important to seek competent legal counsel before filing a Petition to Terminate Parental Rights. Nevada law requires very specific information to be plead in a Petition before the court will even consider it.
What does the petition to terminate parental rights need to say?
While the Nevada statutes (N.R.S. 128) enumerate at length the possible reasons for termination of parental rights, the court focuses their decision on the best interests of the child as well as the conduct of the parent toward the child.
Specific factors considered.
The Court will consider:
1. The Child's wishes;
2. Abandonment of the child;
3. Neglect of the child;
4. Unfitness of the parent;
5. Failure of parental adjustment;
6. 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;
7. Only token efforts by the parent or parents (a) to support or communicate with the child, (b) to prevent neglect of the child, (c) to avoid being an unfit parent, (d) 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.
Does the Court consider more than these factors?
When considering these factors, the court's final decision will not only rely upon the plain language of Nevada statutes, but also decades of complex and seemingly contradictory decisions from previous Nevada cases.