Benjamin S. v. Crystal S.
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The Supreme Court reversed the order of the district court terminating Mother's parental rights, holding that the record did not contain clear and convincing evidence that termination of Mother's parental rights was in the children's best interests.
After Mother and Father, the parents of three children, were divorced, Father received full legal and physical custody of the children. Mother later filed a complaint for modification of custody or parenting plan, alleging that Father had not complied with the divorce decree. Father filed a responsive pleading requesting termination of Mother's parental rights. The trial court found that, as to all three children, Father presented sufficient evidence to support three of the alleged statutory grounds for termination and that termination of Mother's parental rights was in the best interests of the children. The Supreme Court reversed, holding that there was not clear and convincing evidence that terminating Mother's parental rights was in the best interests of the children.
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