Nev. Rev. Stat. » NRS: CHAPTER 128 - TERMINATION OF PARENTAL RIGHTS
Nevada Revised Statutes

Nev. Rev. Stat. § 128.012 (2026)

“Abandonment of a child” defined

✓ current as of July 2026
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NRS 128.012  “Abandonment of a child” defined.

      1.  “Abandonment of a child” means any conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child.

      2.  If a parent or parents of a child leave the child in the care and custody of another without provision for the child’s support and without communication for a period of 6 months, or if the child is left under such circumstances that the identity of the parents is unknown and cannot be ascertained despite diligent searching, and the parents do not come forward to claim the child within 3 months after the child is found, the parent or parents are presumed to have intended to abandon the child.

      (Added to NRS by 1975, 963; A 1981, 1753)

     

Notes of Decisions
Cited in 37 cases (5 in the last 5 years), 1980–2025 · leading case: Gonzales v. Dep't of Human Resources, 933 P.2d 198 (Nev. 1997).
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Gonzales v. Dep't of Human Resources, 933 P.2d 198 (Nev. 1997). · cites it 26× “The statute does presume that if there is six months of no contact, failure to support, and failure to maintain any communication, that there is a presumption of abandonment under NRS 128.012. Equally under NRS 128.109, there is a presumption that .”
Matter of Parental Rights as to QLR, 54 P.3d 56 (Nev. 2002). · cites it 6× “NRS 128.012 defines "abandonment of a child" and prescribes the circumstances in which abandonment may be presumed: 1.”
Matter of Parental Rights as to Carron, 956 P.2d 785 (Nev. 1998). · cites it 10× “Abandonment of a child, as defined in NRS 128.012: 1. [A]ny conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child.”
Greeson v. Barnes, 900 P.2d 943 (Nev. 1995). · cites it 6× “The pleading in this case avers that Kevin was “neglected within the purview of NRS 128.012” and charges that Greeson had “failed, neglected and refused to provide proper and necessary subsistence” for the child.”
Matter of Parental Rights as to NJ, 8 P.3d 126 (Nev. 2000). · cites it 5× “NRS 128.012 defines "abandonment of a child" as follows: 1.”
Drury v. Lang, 776 P.2d 843 (Nev. 1989). · cites it 3× “The term “abandonment of a child” as used in NRS 128.105 is defined as “any conduct.”
Montgomery v. State, 917 P.2d 949 (Nev. 1996). · cites it 2× “” NRS 128.012(1). Intent is the decisive factor in abandonment and may be shown by the facts and circumstances.”
Matter of Parental Rights as to Bow, 930 P.2d 1128 (Nev. 1997). · cites it 2× “The putative father was deemed, pursuant to NRS 128.012, to have abandoned Michael by conducting himself in a manner evincing an intent to relinquish all claims to Michael for a period of six months.”
Deck v. State Dep't of Human Resources, 930 P.2d 760 (Nev. 1997). · cites it 2× “Michele's permanent mental condition, her belief that the medication has no effect on her, her token efforts to visit and develop a relationship with Amber over the years, and her failure to provide support, all provide clear and convincing evidence of Michele's failure to make…”
Francisco M. v. State, Div. of Child & Fam. Servs., 58 P.3d 188 (Nev. 2002). · cites it 2× “12 NRS 128.012(1). 13 NRS 128.012(2). 14 Francisco testified that he attempted to call DCFS collect, but the operator did not answer.”
Charles C.L.A. v. State Div. of Child & Fam. Servs., Dep't of Health & Human Resources, 273 P.3d 852 (Nev. 2012). “1 See NRS 128.012; NRS 128.0126; NRS 128.014; NRS 128.”
Daly v. Daly, 715 P.2d 56 (Nev. 1986). · cites it 2× “This constitutes a presumption of abandonment under NRS 128.012(2). Abandonment is also an acceptable jurisdictional ground for termination proceedings.”
Show all 37 citing cases →
— Nev. Rev. Stat. § 128.012(1) — 19 cases
Gonzales v. Dep't of Human Resources, 933 P.2d 198 (Nev. 1997). “The statute does presume that if there is six months of no contact, failure to support, and failure to maintain any communication, that there is a presumption of abandonment under NRS 128.012. Equally under NRS 128.109, there is a presumption that .”
Matter of Parental Rights as to QLR, 54 P.3d 56 (Nev. 2002). “NRS 128.012 defines "abandonment of a child" and prescribes the circumstances in which abandonment may be presumed: 1.”
Matter of Parental Rights as to Carron, 956 P.2d 785 (Nev. 1998). “Abandonment of a child, as defined in NRS 128.012: 1. [A]ny conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child.”
Greeson v. Barnes, 900 P.2d 943 (Nev. 1995). “The pleading in this case avers that Kevin was “neglected within the purview of NRS 128.012” and charges that Greeson had “failed, neglected and refused to provide proper and necessary subsistence” for the child.”
Drury v. Lang, 776 P.2d 843 (Nev. 1989). “The term “abandonment of a child” as used in NRS 128.105 is defined as “any conduct.”
— Nev. Rev. Stat. § 128.012(2) — 24 cases
Gonzales v. Dep't of Human Resources, 933 P.2d 198 (Nev. 1997). “The statute does presume that if there is six months of no contact, failure to support, and failure to maintain any communication, that there is a presumption of abandonment under NRS 128.012. Equally under NRS 128.109, there is a presumption that .”
Matter of Parental Rights as to NJ, 8 P.3d 126 (Nev. 2000). “NRS 128.012 defines "abandonment of a child" as follows: 1.”
Matter of Parental Rights as to QLR, 54 P.3d 56 (Nev. 2002). “NRS 128.012 defines "abandonment of a child" and prescribes the circumstances in which abandonment may be presumed: 1.”
Drury v. Lang, 776 P.2d 843 (Nev. 1989). “The term “abandonment of a child” as used in NRS 128.105 is defined as “any conduct.”
Daly v. Daly, 715 P.2d 56 (Nev. 1986). “This constitutes a presumption of abandonment under NRS 128.012(2). Abandonment is also an acceptable jurisdictional ground for termination proceedings.”
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