SUMMARY: A father who voluntary relinquished his parental rights has no standing to request supervised visitation with the children. His request for visitation with a child whose parental rights he still retains was properly denied due to the fact that the serious nature of the allegations that he caused nonaccidental, traumatic brain injury to a sibling of the child creates an imminent risk of harm to the child.
Michael is the father of Dakota W. (DOB 11/18/06) and Ellen W. (2/11/04), and the stepfather of Destinie B. (DOB 11/14/96). Prior to the proceedings, Michael relinquished any parental rights to Ellen W. and Destinie B. On June 1, 2007, a petition was filed seeking to adjudicate Dakota and terminate Michael’s parental rights due to the death of a sibling, Dawson K, allegedly caused by Michael by a nonaccidental traumatic brain injury. On December 7, 2007, Michael motioned for supervised visitation with Dakota, Ellen, and Destinie. The State objected. The court denied the motion for supervised visitation and Michael appealed.
The Court of Appeals held that Michael has no standing to request visitation with Ellen and Destinie because he relinquished his parental rights two years earlier and N.R.S. §43-293 provides that relinquishment divests the parent and child of all “legal rights, privileges, duties and obligations with respect to each other.”
As to Dakota, the Court of Appeals affirmed the lower court’s denial of Michael’s motion for supervised visitation, finding that the best interests of Dakota would not be served. Based on the allegations in the petition that Michael caused nonaccidental traumatic brain injury to Dakota’s sibling, resulting in his death, the Court of Appeals found there to be an imminent risk of harm to Dakota if visitation were permitted.