John Doe I v. John Doe II
Annotate this CaseThe minor at issue here, H.T., was the child of John Doe II and Jane Doe. John Doe II and Jane Doe were married around March of 2002 and were divorced early the following summer. H.T. was born in 2002. John Doe II was incarcerated in 2003, when H.T. was about sixteen months old. John Doe II would be eligible for parole in December, 2028. In 2005, Jane Doe met John Doe I. They married in 2008. John Doe I was employed by the United States Air Force and has been with the Air Force for the past eighteen years. Jane Doe also served in the Air Force. H.T. resided with John Doe I and Jane Doe, who were stationed overseas. John Doe II appealed the termination of his parental rights to H.T. The magistrate court terminated John Doe II’s parental rights and allowed John Doe I to adopt H.T. John Doe II argued that John Doe I lacked standing to petition for termination of his parental rights and the magistrate court’s decisions were not supported by clear and convincing evidence. “The fundamental divergence between the trial court’s oral pronouncement and written decision require us to vacate the order terminating John Doe II’s parental rights. Our decision today is not intended to suggest that there is no basis for terminating John Doe II’s parental rights or that John Doe I should not be permitted to adopt H.T. Instead, this decision is entirely driven by a fundamental failure by the trial judge to fulfill his duties in such a case.” The Supreme Court vacated the judgment of the magistrate court and remanded for the magistrate to prepare new findings of fact and conclusions of law.
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