S-22-0123 Benjamin Sanchez (Appellee) v. Crystal Sanchez (Appellant)
Appeal from the District Court for Cheyenne County, Judge Derek C. Weimer
Attorneys: Michael D. Samuelson (Reynolds Korth & Samuelson for Appellant), Sterling T. Huff (Huff Law Firm for Appellee)
Civil: Termination of parental rights in a domestic proceeding
Proceedings below: After Appellant sought to modify the parties’ parenting plan, Appellee answered and counterclaimed by seeking termination of Appellant’s parental rights. After hearing, the trial court entered an order finding clear and convincing evidence that Appellant’s parental rights should be terminated under 43-292(1), (2), and (3). On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The trial court erred in determining that one or more conditions existed under Neb. Rev. Stat. § 43-292 to terminate Appellant’s parental rights to her three children; 2) The trial court erred in finding that Appellant abandoned the parties’ three minor children under § 43-292(1); 3) The trial court erred in holding that Appellant had “substantially and continuously or repeatedly neglected and refused to give the juvenile necessary care and protection” under § 43-292(2); 4) The trial court erred in determining that under § 43-292(3), Appellant, being financially able, willfully neglected to provide to the parties’ three children with the necessary subsistence, education or other care necessary for their health, morals, or welfare or neglected to pay for such subsistence, education, or other care when legal custody of the children was lodged with others and such payment ordered by the court; and 5) The trial court further erred in determining that terminating Appellant’s parental rights would be in the best interests of the parties’ three children and in thereafter terminating Appellant’s parental rights to the parties’ three children.