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incarceration

Filed on
Tuesday, April 28, 2015
Summary: The father, Michael G., appealed the termination of his parental rights under 43-292(2) & (7), arguing that there was insufficient evidence and that the court erred in finding that the formal rules of evidence did not apply. The Court of Appeals found that case law is clear that formal...Read more
Filed on
Friday, October 24, 2014
Summary: The Nebraska Supreme Court reversed 22 Neb. App. 70 and upheld Colfax County Court’s original decision terminating the father’s rights based on abandonment. The Court of Appeals had reversed the original decision regarding abandonment citing uncertainty regarding paternity and also a lack...Read more
Filed on
Friday, October 3, 2014
SUMMARY : A father was not denied due process when the judge denied father’s motion to transport from prison to the termination hearing, but did allow counsel to be present and the father to participate via video conferencing. In addition, termination of parental rights was in the child’s best...Read more
Filed on
Tuesday, June 3, 2014
SUMMARY: There was not clear and convincing evidence that the father knew or believed he was the child’s father so there was insufficient evidence to prove abandonment and, in any event, his incarceration was a circumstance beyond his control that would also preclude a finding of abandonment...Read more
Filed on
Thursday, April 17, 2014
SUMMARY: Termination of a father’s parental rights was supported by evidence that the father had not had any physical contact with the child for several years, had never financially supported the child, and was not in a situation to parent due to his incarceration. On November 9, 2010, the State...Read more
Filed on
Tuesday, March 4, 2014
SUMMARY: Termination of the father’s parental rights was proper where he did not live with or support the child prior to removal, was incarcerated for two years, and had made many poor life decisions that placed him in a poor position to be able to parent. Hayden, DOB 1/08, was removed from his...Read more
Filed on
Tuesday, February 25, 2014
SUMMARY: Termination of a father’s parental rights was proper where there was evidence that the father had been offered numerous services but failed to take advantage of them and the father had numerous contacts with law enforcement officers and incarcerations. The State of Nebraska removed Alyssa...Read more
Filed on
Friday, February 14, 2014
SUMMARY: Termination of a father’s parental rights was in the child’s best interest when the child had spent the majority of his life in foster care. In addition, the father made little effort to keep in contact with the child and was not in a position to take physical custody. On August 30, 2012,...Read more
Filed on
Wednesday, January 22, 2014
SUMMARY: Termination of a father’s parental rights under the Nebraska Child Welfare Act was proper when active efforts had been undertaken, future efforts would be futile, and placement with the father would likely result in emotional and physical harm. In addition, the father was incarcerated,...Read more
Filed on
Tuesday, January 7, 2014
SUMMARY: Termination of the father’s parental rights was improper because the length of time in foster care cannot be the sole best interest factor when the parent is not unfit and the length of incarceration of the father was speculative even though it was the sole reason for the termination...Read more

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