Termination of parental rights (TPR) is the most drastic legal action in family law — permanently severing the legal relationship between a parent and a child. Once terminated, a parent has no legal rights to custody, visitation, or information about the child, and no obligation to pay child support for future periods. TPR is a prerequisite to adoption by a non-biological parent. Hauser Family Law handles TPR proceedings in the Las Vegas Valley, representing parents facing involuntary termination and petitioners seeking it as a step toward adoption.
Involuntary Termination Under NRS 128.105
Involuntary termination of parental rights in Nevada is governed by NRS 128.105. The petition may be brought by the other parent, a guardian, a custodian, or the Division of Child and Family Services (DCFS). The grounds for involuntary termination include: abandonment — the parent has had no contact with the child for at least six months without justifiable cause (NRS 128.012 defines abandonment); failure to provide financial support without justifiable cause for at least six months; unfitness — the parent’s conduct is contrary to the child’s welfare because of habitual use of intoxicating liquor or controlled substances, moral depravity, repeated and unjustifiable conduct that unreasonably endangers the child’s health, or conviction of certain felonies; and failure to correct the conditions that led to the child’s placement in foster care within a reasonable time. The standard for termination requires a finding that it is in the child’s best interests — the court must find both a statutory ground AND that termination serves the child’s best interests.
The “Best Interest Plus” Standard
Involuntary TPR cases involve the fundamental constitutional right of parents to raise their children (Santosky v. Kramer, 455 U.S. 745 (1982)). This constitutional dimension requires a higher evidentiary standard — clear and convincing evidence of both the statutory ground and the best interest finding. Courts are reluctant to terminate parental rights unless the evidence is strong and the statutory grounds are met. Nevada courts often explore whether alternative options (formal kinship guardianship, supervised visitation, family preservation services) could serve the child’s interests without permanently severing parental rights.
Voluntary Relinquishment
A parent may voluntarily relinquish parental rights (NRS 127.040) in connection with a pending adoption. Voluntary relinquishment requires: the parent must be at least 10 days postpartum (for birth parents relinquishing a newborn); the relinquishment must be in writing, witnessed, and acknowledged before a notary; and in Nevada, the relinquishment is typically to an authorized agency or directly to a specific adoptive placement. Voluntary relinquishment is generally irrevocable once signed — courts have been reluctant to allow revocation absent fraud or duress. A parent cannot voluntarily relinquish parental rights simply to avoid child support without a corresponding adoption — child support obligations are owed to the child, not the other parent, and courts do not approve TPR petitions filed solely to extinguish support obligations without an adoption following.
TPR as a Prerequisite to Step-Parent Adoption
When a step-parent wishes to adopt a child, the biological parent’s rights must first be terminated — either voluntarily (by consent) or involuntarily. Step-parent adoption is the most common context for TPR proceedings in Las Vegas family courts. The biological parent (typically the non-custodial parent who has been absent) may voluntarily consent to the adoption, or the custodial parent and step-parent may petition for involuntary TPR based on abandonment grounds if the biological parent has been absent for the required six months without justifiable cause.
Contact Hauser Family Law — Las Vegas Parental Rights Attorney
Whether you are facing a TPR petition or seeking termination as a step toward adoption, Hauser Family Law provides experienced representation in these high-stakes proceedings. Call today for a consultation about your family’s specific situation.