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In re Adoption of Madysen S.

Court of Appeals of Nebraska

October 20, 2015

IN RE ADOPTION OF MADYSEN S. ET AL., MINOR CHILDREN. NICOLE K. AND WILLIAM K., APPELLEES,
v.
JEREMY S., APPELLANT

Appeal from the County Court for Lincoln County: MICHAEL E. PICCOLO, Judge.

Todd M. Jeffers, of Brouillette, Dugan & Troshynski, P.C., L.L.O., for appellant.

Angela M. Franz, of Waite, McWha & Heng, for appellees.

IRWIN, INBODY, and RIEDMANN, Judges.

OPINION

Page 266

[23 Neb.App. 352] Inbody, Judge.

INTRODUCTION

Jeremy S., the biological father of Madysen S., Orion S., and Leo S., appeals the order of the Lincoln County Court finding that pursuant to Neb. Rev. Stat. § 43-104 (Reissue 2008), Jeremy had abandoned the children and his consent was not required for adoption of the children by their stepfather.

STATEMENT OF FACTS

Jeremy and Nicole K. were married in September 2000. From that marriage, three children were born: Madysen in 2001, Orion in 2004, and Leo in 2005. In 2007, Madysen was interviewed by law enforcement regarding a report of sexual abuse perpetrated on her by Jeremy. Madysen reported that Jeremy sexually assaulted her on numerous occasions between December 2006 and March 2007. Jeremy was arrested, and Nicole and the children relocated from Missouri to Gage County, Nebraska. In July 2007, the Gage County District Court dissolved Jeremy and Nicole's marriage. Nicole was given custody of the children, and Jeremy was ordered to have no parenting time and to pay $50 per month in child support. In 2009, Jeremy was convicted in Missouri with three counts of first degree child molestation. In August 2009, Jeremy was sentenced to a total of 16 years' imprisonment and is currently incarcerated with the Missouri Department of Corrections.

In or around 2009 or 2010, Nicole met William K. and a relationship ensued. In January 2013, Nicole and William married. In May and June 2014, Nicole and William contacted Jeremy and requested that he

Page 267

voluntarily relinquish his parental rights to the three minor children and consent to their adoption by William. Jeremy refused their requests.

On August 5, 2014, Nicole and William filed verified petitions for adoption by a stepparent for Madysen, Orion, and [23 Neb.App. 353] Leo. On the same day, Nicole and William filed petitions to terminate Jeremy's parental rights to all three children. The petitions to terminate alleged that Jeremy had abandoned the children and that termination of his parental rights was in their best interests. ...


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