"clear and convincing evidence is mandatory to establish that Holly is unfit to resume the obligations imposed by the parent-child relationship. See In re Guardianship of D.J., 268 Neb. 239, 682 N.W.2d 238 (2004). Whether Holly is unfit is a determination made based on an examination of personal deficiency or incapacity that would result in detriment to Cameron's well-being. See Uhing v. Uhing, 241 Neb. 368, 488 N.W.2d 366 (1992)." " We note that the record is lacking testimony from any expert witness able to provide a medical opinion regarding Holly's condition. However, based on the testimony adduced at trial, there is a lack of sufficient evidence to buttress the court's finding that Holly's condition makes her unfit, and the evidence adduced certainly does not rebut the presumption that reunification with Holly is in Cameron's best interests. Holly's condition does not rise to the level of parental unfitness where her incapacity would prevent "'performance of a reasonable parental obligation in child rearing and . . . has caused, or probably will result in, detriment to [Cameron's] well-being.'" See Uhing v. Uhing, 241 Neb. at 375, 488 N.W.2d at 372"Big plus for Holly: her new boyfriend in as many years is taking parenting classes. Im sure he's ready to be a father.
Tuesday, December 06, 2005
Nebraska Court of Appeals starts up another welfare mother in business of raising children on her own In re Guardianship of Cameron D., 14 Neb. App. 276 Filed December 6, 2005. No. A-05-189. 21 year old mother who did not appeal emergency guardianship petition her parents took to take guardianship of girls child regains custody from the Appeals Court. Girl got pregnant in high school, left child with her parents while she attended college in 2 distant cities; was hospitalized for an overdose of anti-depressants and now is on her (minimum) 3rd sexual relationship with a man to whom she is not married. Still county court applied wrong test to terminating guardianship, as preference is for parental rights.
Posted by stan_sipple at 12:01 PM