Court reinstates parental rights of jailed father

Thursday, Sept. 19, 2002 | 9:28 a.m.

CARSON CITY -- The parental rights of a father should not automatically be terminated because he goes to prison, the Nevada Supreme Court has ruled.

The court Wednesday reversed the decision of Clark County Family Court Judge William Voy, who ruled that the imprisonment of the father constituted abandonment of the child.

It also said substantial evidence at the District Court level does not support the finding that the best interests of the child was served by terminating the father's parental rights.

The case involved "Roger D.R." sentenced to 5 to 15 years in prison for aggravated stalking, burglary, robbery and second-degree kidnapping when he violated a temporary court protective order, forcing his estranged wife "Dina L.M." and their daughter into a car and driving around Las Vegas for about six hours.

While in prison the father has tried unsuccessfully to make contact with his daughter and has completed numerous rehabilitation programs. He will be eligible for parole in 2004, when the girl is 7 years old.

The court said there is nothing to show that the father and daughter "could not form a loving and supportive relationship ... in the future."

Terminating parental rights, the court said, is "tantamount to imposition of a civil death penalty."

The court said Voy apparently reasoned that by committing a crime, the father intended to go to prison and therefore to abandon the child. No law says a person in prison automatically abandons his son or daughter, the ruling said.

" ... we hold that voluntary conduct resulting in incarceration does not alone establish an intent to abandon a minor child," the court said.

"The record in this case shows that although Roger has been unable to provide consistent financial support while in prison, he has attempted to continue his relationship with 'Q.L.R.' (the child)."

The father has been able to send a small amount of money and tried to send cards and drawing to the child. The mother has refused to give them to the girl.

"Based on Roger's attempts to maintain contact with and to provide support for Q.L.R. while in prison, we conclude that the record does not contain substantial evidence to support a finding of abandonment," the court said.