Nevada Adoption Court Cases

Nevada Court Case: In re N.J.
This is an appeal from an order of the district court denying a petition for termination of parental rights and from an order denying a motion for a new trial. In determining whether to terminate parental rights, this court has consistently applied the jurisdictional/dispositional standard set forth in Champagne v. Welfare Division, 100 Nev. 640, 691 P.2d 849 (1984). Based on legislative amendments to NRS 128.105, which sets forth the grounds for terminating parental rights...


Nevada Court Case: Blanchard v. State
On June 7, 1973, Linda May Blanchard executed a form prepared by the Nevada State Welfare Department designated "Relinquishment of Child for Adoption." The child, born on October 1, 1972, was placed in the custody of the welfare authorities and remains in their custody. Approximately one year after she executed the relinquishment, the mother changed her mind and petitioned for a writ of habeas corpus seeking the return of her child...


Nevada Court Case: Mendive v. Court
This is a proceeding in prohibition in which the relator seeks to prohibit the respondent court and judge from continuing with adoption proceedings initiated by the individual respondents. The relator's challenge of the jurisdiction of the Third judicial district court of Lander county to entertain the adoption petition is met by that court's challenge of the jurisdiction of the Second judicial district court of Washoe county to entertain the relator's guardianship petition there. In determining these counter charges of lack of jurisdiction in the respective courts, a consideration of the facts and proceedings to date becomes...


Nevada Court Case: Casper v. Huber
Shelvie placed the child in the care of her aunt and uncle with whom the child lived until they instituted these proceedings to adopt Deborah. Shelvie executed a relinquishment in favor of the adoption. Gerald, in prison, having been given notice as required by statute, objected although he acknowledged that leaving the child with the aunt and uncle was satisfactory with him provided he could correspond with the child and visit her whenever able to do so...


Nevada Court Case: Sernaker v. Ehrlich
Howard and Shirley were divorced in Pennsylvania in 1962. Shirley was granted custody of their three-year-old son, Jeffrey, and Howard agreed in writing to pay the sum of $ 175 per week for the support of his wife and child. Under the terms of the agreement the father had visitation rights each weekend which he observed. Howard failed in business and by pleading changed circumstances caused his support payments to be reduced to $ 100 a week in June of 1965 and to $ 75 per week in December 1965. In no event, however, did he totally keep up his support payments. Late in 1965 or sometime...


Nevada Court Case: State v. Bill
The subject of this action is a foundling child who was abandoned in a garbage container in Battle Mountain, Lander County, Nevada. On September 8, 1972, the Third Judicial District Court, which encompasses Lander County, ordered that the juvenile master of Lander County be granted the physical care, custody and control of the child along with the power to make "such provisions for said child as its best interests shall indicate." The order further stated...


Nevada Court Case: Turner v. Saka
Following our decision in Turner v. Saka, 90 Nev. 54, 518 P.2d 608 (1974), appellant Kenneth Turner sought to adopt his wife's two "illegitimate" children, Shanin and David Saka. Appellant Tondelayo Turner, the children's natural mother, joined in his petition and consented pursuant to NRS 127.030 n1 and 127.040(1)(c). n2 After receiving notice of the pending adoption, respondent Elias Saka, the children's natural father, petitioned to establish his parental relation...


Nevada Court Case: Spencer v. Welfare Division
In our view, the record supports the judgment. There is ample evidence of an unstable and chaotic homelife, ultimately resulting in the children being taken into State Welfare custody for neglect and abandonment; of failure to make support payments as ordered; of failure to provide for medical needs, despite repeated notification by telephone and mail; and of erratic attendance of court-ordered counseling sessions to improve appellant's domestic situation. It appears that appellant has...


Nevada Court Case: Chapman v. Chapman
Michelle Chapman was born to appellant and her now deceased husband, Phillip Chapman, in 1971. The parents separated in June, 1976, and Sheree kept the child for about a month. The father then took Michelle (according to appellant's testimony, on the pretext of a visit), and refused to permit Sheree to resume custody of the child. Around October, 1976, Phillip left Michelle with his brother and his wife, respondents here, who cared for the child for about seven months...


Nevada Court Case: State v. Vine
In these cases the State of Nevada seeks to establish that an order terminating parental rights does not by operation of law also terminate a parent's obligation of child support. In light of the interlocking nature of parental rights and responsibilities, and the intention of the Legislature as evidenced by the legislative scheme, we construe the term "parental rights" to include both parental rights and parental obligations...


Nevada Court Case: Champagne v. Welfare Division
The first question focuses on the action, or inaction, of the natural parent. The second focuses on the placement which will be most beneficial to the child. If it is first decided that the parent has forfeited his rights in the children, then the court moves on to the second question. On the other hand, if it is decided that the biological parent's behavior does not violate minimum standards of parental conduct so as to render the parent unfit, then the analysis ends and termination is denied...


Nevada Court Case: Smith v. Smith
Appellant Marvin Stephen Smith challenges the district court's order terminating his parental rights. Marvin contends that the district court lacked the requisite jurisdictional and dispositional grounds to terminate his parental rights. We agree and reverse. Appellant and respondent Danielle R. Smith were divorced in September, 1978. They had one child, Erica Jane Smith, who was five months old at the time of the divorce. The court awarded Danielle the care, custody and control of Erica. The decree gave Marvin limited visitation rights and ordered him to pay monthly child support...

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