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M.A., Mother, Petitioner and Appellant v. State of North Dakota Child Support Division, Statutory Real Party in Interest (2021)

Supreme Court of North Dakota.2021-11-17No. No. 20210130

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Opinion

[¶1] M.A., the mother of L.L.D.R., appeals from a juvenile court order declining to terminate the parental rights of A.R., the father of L.L.D.R. The juvenile court found that A.R. “has not abandoned the child and it is not in the childs best interest that his parental rights be terminated at this time.” On appeal, M.A. argues that the juvenile court erred in finding L.L.D.R. is not an abandoned child and that the court erred in dismissing M.A.’s petition to terminate A.R.’s parental rights. We conclude that the juvenile court did not abuse its discretion in its decision to deny termination of A.R.’s parental rights because M.A. did not “establish[ ] that denying the petition would seriously affect the childs welfare.” Interest of B.H., 2018 ND 178, ¶ 6, 915 N.W.2d 668. Because this issue is dispositive, we decline to address other issues raised on appeal. We summarily affirm under N.D.R.App.P. 35.1(a)(4). Per Curiam.

[¶2] Jon J. Jensen, C.J.

Gerald W. VandeWalle

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte