Roth v. Marcoe

Summary

The Nebraska Supreme Court affirmed the termination of Kristopher Marcoe's parental rights to his two minor children. It held that the district court did not err in hearing the termination case without an express finding under Neb. Rev. Stat. § 42-364(5) that it was the more appropriate forum, that clear and convincing evidence established abandonment under § 43-292(1) and that termination served the children's best interests despite Marcoe's post-incarceration rehabilitation efforts, and that his contempt claim against the children's mother became moot because termination severed the entire bundle of parental rights. The court also held that the district court did not err in declining to modify custody as an alternative to termination.