Brian M. v. State
Brian M. v. State
Opinion of the Court
In this appeal, we consider whether the factors presented by appellant Brian M. provide clear and convincing evidence that termination of his own parental rights serves the best interests of his child.
FACTS
On December 10, 1985, T.M.C. was born to Leah G. and Brian. Leah testified that she and Brian were surprised to find out she had become pregnant because she previously had been told that she could not have children. Further, she was aware that Brian never wanted children.
Leah allowed her sister to become the child’s legal guardian because Leah acknowledged that she had a substance abuse problem.
Respondent Welfare Division, Child Enforcement Program (“Division”) became involved when Leah’s sister applied for assistance pursuant to NRS Chapter 422. A judge ordered a blood test to establish paternity, and the test results confirmed that Brian was the child’s father. During the termination of parental rights hearing, Brian did not contest the results of the paternity test. Leah testified that while she had always paid child support and been involved in the child’s life, Brian had never been forced to provide for the child. She also testified that once paternity was established, Brian had some sporadic involvement with the child, calling to talk with the child and attending events with the child.
On May 3, 2001, Brian filed a petition to terminate his parental rights. A hearing on the petition was conducted on June 28, 2001. The Division opposed the motion and argued that if Brian’s parental rights were terminated, the child would remain on welfare. Leah also opposed the termination of Brian’s parental rights, and testified that she believed the child could benefit from a relationship with him. Brian’s counsel expressed a desire to question Leah regarding her testimony that the child’s best interests would not be served by terminating Brian’s parental rights. The district court judge interrupted Brian’s counsel and asked if he thought it was good public policy to permit a father to terminate his own rights at any time in order to avoid having to pay child support. Further, the district court expressed concern that granting Brian’s
Brian’s counsel maintained that Brian told Leah he would not support the child and that she agreed. Further, Brian’s counsel argued that the child’s best interests would be served by terminating Brian’s parental rights since he never wanted to be involved with the child. In addition, his counsel claimed that if Brian was not required to pay child support, Brian and the child would have a better chance of re-establishing a relationship. The district court denied Brian’s petition to terminate his parental rights on public policy grounds as well as the child’s best interests. Brian now appeals the district court’s order denying his petition.
DISCUSSION
“Termination of parental rights is ‘an exercise of awesome power.’ ”
In the present case, Brian argues that numerous factors provide clear and convincing evidence that terminating his parental rights is in the child’s best interests including: (1) Leah did not give the child Brian’s surname; (2) Leah did not intend that Brian would have a role in the child’s life; (3) Brian did not see the child until the child was approximately fourteen years old; (4) Brian was only in contact with the child because the child’s maternal aunt filed a petition for support; (5) Brian never wanted to have chil
The district court heard testimony from Leah that the child could benefit from a relationship with Brian, albeit not a parent-child relationship. The Division argued that in addition to receiving reimbursement for support already provided to the child, obtaining future support from Brian would provide additional resources to assist in raising the child. The district court noted that public policy considerations are served by requiring that fathers pay child support, and also noted that taxpayers have been supporting the child for years when the biological father has been available and nearby. Brian only countered that cutting off his future financial obligations toward the child would not destroy his relationship with the child but might actually enhance it.
We conclude that none of the arguments presented by Brian provides clear and convincing evidence that his parental rights should be terminated. Brian’s arguments do not satisfy either the parental fault or the best interests prongs set forth in NRS 128.105. Although Brian has expressed an intent to abandon his child, he did not provide evidence that any other basis for parental fault existed at the time of the hearing. Furthermore, none of the reasons articulated by Brian serves his child’s best interests. Instead, these “factors” serve Brian’s personal financial interest, a consideration not enumerated in NRS 128.105(2).
The termination of parental rights is aimed at protecting the welfare of children.
We have previously held that parental rights and parental obligations, as articulated in NRS 128.015(1), are inseparable.
In C.J.H., the Tennessee Court of Appeals held that proper consideration of a termination order involves a requirement that, in addition to appropriate grounds, the court must determine that the termination is in the child’s best interests, not the parents’.
The Supreme Court of Iowa has similarly held that parents cannot abdicate their responsibilities through their conduct, rejecting a father’s claim that parental fault was proven by his announced intention to constructively abandon his child by avoiding any parental involvement with the child.
Acceptance of [the father’s] argument ultimately would open a hatch for a parent to escape his or her duty to support a child. We cannot be persuaded that the legislature intended ... to alter so radically the parental support obligation. Our determination is reinforced by decisions from other jurisdictions holding a parent may not voluntarily avoid a duty to support his or her child.17
We therefore hold that a parent cannot voluntarily terminate his parental rights and obligations unless such termination is deemed to be in the child’s best interests. Even if the parent engages in conduct that satisfies the parental fault provisions of NRS 128.105, the child’s best interests must be served by the termination of parental rights for such termination to be appropriate.
Brian also argues that the district court improperly precluded him from examining Leah concerning the child’s best interests and other issues. “ ‘[Fjailure to object to asserted errors at trial will bar review of an issue on appeal.’”
When considering requests for termination of parental rights, the child’s best interests must prevail. Here, Brian’s contention that the child’s best interests would be served by termination is unpersuasive. A minor child has a right to support from a parent that cannot be abdicated unless the best interests threshold is satisfied. Additionally, Brian’s claim that he was improperly precluded from questioning Leah is not supported by the record and was not properly preserved for appeal.
Accordingly, we affirm the district court’s order denying Brian’s petition to terminate his parental rights.
Brian alleges that he was not notified of the guardianship petition.
Matter of Parental Rights as to N.J., 116 Nev. 790, 795, 8 P.3d 126, 129 (2000) (quoting Smith v. Smith, 102 Nev. 263, 266, 720 P.2d 1219, 1220 (1986), overruled on other grounds by Matter of N.J., 116 Nev. 790, 8 P.3d 126).
Id.
Id. at 801, 8 P.3d at 133.
Id.
Id. at 795, 8 P.3d at 129.
Id. at 801, 8 P.3d at 133.
State ex rel. Welfare Div. v. Vine, 99 Nev. 278, 283, 662 P.2d 295, 298 (1983).
Id.
No. M2001-01234-COA-R3-JV, 2002 WL 1827660 (Tenn. Ct. App. Aug. 9, 2002).
Id. at *3.
Id. at *5 (citing Ex parte Brooks, 513 So. 2d 614, 617 (Ala. 1987), overruled on other grounds by Ex parte Beasley, 564 So. 2d 950 (Ala. 1990)).
Id. at *4-6.
Id. at *5-7.
Interest of D.W.K., 365 N.W.2d 32, 34-35 (Iowa 1985).
Id.
Id. at 35.
NRS 128.105.
Allum v. Valley Bank of Nevada, 114 Nev. 1313, 1324, 970 P.2d 1062, 1069 (1998) (quoting McCullough v. State, 99 Nev. 72, 74, 657 P.2d 1157, 1158 (1983)).
Reference
- Full Case Name
- In the Matter of the Parental Rights as to T.M.C., a Minor. BRIAN M. v. THE STATE OF NEVADA, DEPARTMENT OF HUMAN RESOURCES, WELFARE DIVISION, CHILD SUPPORT ENFORCEMENT PROGRAM
- Cited By
- 3 cases
- Status
- Published