Nevada Court Case: In re K.D.L.

IN THE MATTER OF THE PARENTAL RIGHTS AS TO K.D.L. AND S.P.K. RICHARD J. K., A/K/A RICHARD JAY K., Appellant, vs. THE STATE OF NEVADA, DIVISION OF CHILD AND FAMILY SERVICES, DEPARTMENT OF HUMAN RESOURCES, Respondent. 

No. 38816 

SUPREME COURT OF NEVADA 

58 P.3d 181; 118 Nev. Adv. Op. No. 75 

December 3, 2002, Decided December 3, 2002, Filed 

Appeal from a district court order granting a petition to terminate parental rights. Eighth Judicial District Court, Clark County; Gerald W. Hardcastle, Judge, Family Court Division. 

Affirmed. 

COUNSEL:
Tony Terry, Las Vegas, for Appellant.

Frankie Sue Del Papa, Attorney General, and Kathryn Bliss Holt, Deputy Attorney General, Carson City, for Respondent.

Clark County Legal Services Program, Inc., and Steve Hiltz, Las Vegas, for Real Parties in Interest K.D.L. and S.P.K. 

JUDGES:
BEFORE SHEARING, LEAVITT and BECKER, JJ. 

PER CURIAM:
Appellant Richard contends that the district court erred in terminating his parental rights because there was no clear and convincing evidence that termination would serve his children's best interests or that there was parental fault. We disagree. The record includes substantial evidence that termination is in the children's best interests, and Richard failed to overcome the statutory presumption that his children's best interests would be served by termination. Additionally, unlike our recent cases, Matter of Parental Rights as to Q.L.R. n1 and Matter of Parental Rights as to J.L.N., n2 the district court did not rely solely upon Richard's incarceration in determining parental fault. We therefore affirm the judgment of the district court terminating Richard's parental rights. 

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n1 118 Nev. ___, 54 P.3d 56 (2002). 
n2 118 Nev. ___, 55 P.3d 955 (2002). 

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FACTS
K.D.L. was born to Mary and Richard on October 14, 1996. S.P.K. was born to Mary and Richard on January 1, 1998. Mary and Richard were never married; however, there is no dispute that Richard is the father of both children.