Tuesday, March 30, 2004 | 11:36 a.m.
CARSON CITY -- The Nevada Supreme Court told Family Court Judge Gloria Sanchez of Las Vegas on Monday to speed up her decision in a case in which a biological father is seeking custody of his 15-month-old daughter who is now with adoptive parents.
The court issued a writ of mandamus compelling Sanchez "to determine custody as soon as possible" in the case. The father filed the lawsuit in January 2003.
This is not the first time the state's highest court has taken Sanchez to task for taking too long to rule on a custody case. The court chastised Sanchez in 1994 for taking six months to decide the issue of primary custody in a case.
In the most recent case, the father, who is identified only as Billy D.P., fathered the child out of wedlock in December 2002. The mother put the child up for adoption with Catholic Charities of Southern Nevada three days after its birth.
The child was then placed in the home of the prospective adoptive parents.
The baby's biological father maintains that the mother told him she had a miscarriage, that he was not given notice of the child's birth and was not aware the mother intended to relinquish her parental rights.
The girl's father and his mother want to raise the child. The district court has ordered a psychological evaluation of the father and a custody evaluation of his mother.
"The delay in ruling on Billy's motion for custody runs counter to the need for expedition in child custody cases," the court said. "Because the child has been in James and Sonya's (the prospective adoptive parents) care since December 2002, every day that passes causes harm to all concerned by continuing the uncertainty regarding the child's future."
The ruling noted the law is "well settled" that when a contest between a parent and a third party exists, there is a "custodial preference for a 'fit parent' unless it clearly appears that the child's welfare requires a change of custody."
Sanchez must conduct a child custody hearing before a separate proceeding can be heard on the termination of parental rights, the court said.
Catholic Services and the prospective adoptive parents maintain Billy neglected the child, refused to provide support and failed to communicate with his daughter. In the motion to terminate Billy's parental rights, Billy is accused of abandoning and neglecting the child.
The court rejected the petition of Billy, who challenged the order of Sanchez that he must undergo a psychological evaluation and that his mother must submit to a custody evaluation. It said the evaluations seem warranted.
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