In re Adoption of Madysen S.Annotate this Case
Nicole and Jeremy had three children, born in 2001, 2004, and 2005, and lived in Missouri. In 2007, Madysen, then 6 years old, reported that Jeremy had been sexually abusing her for more than a year. Jeremy was arrested. Nicole moved with the children to Nebraska and filed for divorce. The 2007 dissolution granted sole custody of the children to Nicole and stated that Jeremy “shall not have any parenting time.” The court ordered Jeremy to pay $50 per month in child support. IPursuant to a plea agreement, Jeremy was sentenced to 16 years’ confinement. Nicole married William in 2013; they sought adoption by a stepparent and to terminate Jeremy;s parental rights. Jeremy opposed the adoptions. The petitions asked the court to find that Jeremy had abandoned the children under Neb. Rev. Stat. 43-104, such that Jeremy’s consent was not required. Jeremy’s mother had consistently paid the ordered child support; Jeremy had sent the children cards. The court ordered that Jeremy’s consent was not required. The Court of Appeals reversed, concluding that the record did not support a finding upon clear and convincing evidence that Jeremy had abandoned his children. The Nebraska Supreme Court dismissed an interlocutory appeal for lack of jurisdiction, holding that the Court of Appeals had also lacked jurisdiction. The order was not final, pending an order on the adoption petition.