Kenneth C. v. Lacie H.
Annotate this CaseFather initiated a paternity action seeking an order declaring him to be the biological father of Child and awarding him visitation with Child. In her answer, Mother alleged that Father's paternity claim was barred by the statute of limitations. Mother also filed a counterclaim asking for a termination of Father's parental rights based on abandonment. The district court determined Father's paternity claim was not time-barred and entered an order terminating Father's parental rights. The supreme Court reversed, holding (1) the district court properly found grounds for abandonment; but (2) Mother did not meet her burden of presenting clear and convincing evidence that termination of Father's parental rights would be in the best interests of Child. Remanded.
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