SUMMARY: Fact that biological father moved out of state, leaving his child with a mother who the father knew was violent and had mental health problems, was sufficient to support a termination of the father’s parental rights.
Aiden was removed from the home on March 2, 2010 and a petition was filed on March 20, 2010 alleging the father, Michael, did not provide proper care for Aiden and engaged in violent behavior. Aiden was adjudicated May 19, 2010. Michael was ordered to participate in therapy and marriage counseling and to cooperate with services. Aiden was returned to the home under an Intensive Family Preservation Plan; Michael moved out of state shortly after. Aiden was again removed from the home on March 25, 2011, after Michael moved. A motion was filed January 27, 2012 to terminate Michael’s parental rights. At the May 2012 hearing, there was evidence that Aiden’s mother had mental health problems and was violent. Additionally, Michael did not arrange to provide for Aiden after Michael moved out of state. Michael did provide Aiden and Aiden’s mother was some money for rent, but did not provide a substantial amount of money. Michael also did not see Aiden for a year and had only minimal telephone contact with him.
The Nebraska Court of Appeals affirmed the termination. The Court noted that termination was in Aiden’s best interests because, though Michael had struggled to deal with caring for a young child and a mentally ill wife, he did not put forth any effort to provide for or contact his young child.