The Nebraska Supreme Court has upheld the termination of Kristopher Marcoe's parental rights to his two children, affirming a lower court's decision that he had abandoned them. This ruling, filed on August 7, 2026, in case number S-25-697, has significant implications for parental rights and child welfare in Nebraska.
This case affects Marcoe, his children, and the broader community regarding how parental rights are evaluated in cases of abandonment. The court's ruling emphasizes the importance of maintaining a stable environment for children and the responsibilities parents have in nurturing their relationships with their children.
Background
Kristopher Marcoe and Jami L. Roth, now known as Jami L. Sunde, were involved in a relationship that began around 2010. They have two children, a daughter born in 2011 and a son born in 2016. Marcoe has a history of criminal offenses, including drug-related charges, which have impacted his ability to maintain a stable relationship with his children.
The couple's relationship ended in 2016, and a paternity decree was issued in 2018, granting Sunde legal and physical custody of the children while allowing Marcoe parenting time. Over the years, Marcoe's parenting time was modified due to his failure to comply with court orders, including a requirement to submit to drug testing. In July 2020, his in-person parenting time was suspended until he could provide a negative drug test.
In May 2024, while Marcoe was incarcerated, Sunde filed a complaint to terminate his parental rights, citing abandonment and neglect. Marcoe denied the allegations but acknowledged his criminal history. The case was heard in the district court for Seward County, where evidence was presented regarding Marcoe's lack of contact with the children.
The Ruling
The Nebraska Supreme Court ruled in favor of Sunde, affirming the district court's decision to terminate Marcoe's parental rights. The court found that Sunde provided clear and convincing evidence that Marcoe had abandoned the children for a period of six months prior to the filing of the termination complaint. The court stated, "The evidence showed that Marcoe’s abandonment of the children had preceded his incarceration and continued after his release."
The court also noted that Marcoe failed to exercise or request parenting time during the relevant period and did not pay child support. The district court's findings were upheld, emphasizing that parental rights are not absolute and can be terminated when a parent's actions demonstrate a settled purpose to abandon their responsibilities.
Impact
This ruling sets a significant precedent in Nebraska regarding the termination of parental rights based on abandonment. It underscores the importance of maintaining contact and fulfilling parental obligations, even in challenging circumstances such as incarceration. The court's decision reinforces the notion that a parent’s right to raise their children is not without limits, particularly when their actions can harm the children's well-being.
The ruling impacts not only Marcoe and his children but also serves as a warning to other parents about the consequences of neglecting their parental duties. It emphasizes the court's commitment to ensuring that children's best interests are prioritized in custody and parental rights cases.
What's Next
Marcoe has the option to appeal the Nebraska Supreme Court's decision, although details regarding any potential appeal were not available in the court filing. The outcome of this case may influence future cases involving parental rights and abandonment in Nebraska.