Re: Termination of Parental Rights (father)
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This was an expedited appeal by John Doe (“Father”) from an order terminating his parental rights over his minor child and granting Child’s stepfather’s (John Doe II) (“Stepfather”) Petition to Adopt Child. The magistrate court found that Father had abandoned Child and failed to maintain regular contact with and support the minor child without just cause. Father stopped having contact with Child in April 2007, after Mother changed her contact information. In 2012, Father brought a motion to modify child custody. In response, Mother and her new husband, Stepfather, sought termination of the Father’s parental rights, and Stepfather filed a petition for adoption of the minor child. The magistrate court terminated Father’s parental rights and granted Stepfather’s petition. Father appealed. The Supreme Court held after review that the magistrate court abused its discretion when it found that Father abandoned Child. Termination of Father’s parental rights was not supported by substantial and competent evidence. Based on the facts of this case, termination of Father’s parental rights was premature.
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