03-0060 In Re: the Termination of Parental Rights to Zachary B., a person under the age of 18 v. Kelli B.

By: dmc-admin//March 31, 2003//

Listen to this article

Accordingly, we reverse the order terminating her parental rights.

“We ourselves have discovered no case that would support the proposition that a parent in Kelli’s situation-that is, a parent who was a minor at the time her parent began an incestuous relationship with her and who has a substantial relationship with her children-does not have a fundamental interest in parenting the children born of that incestuous relationship. Accordingly, we conclude that Kelli does have a fundamental liberty interest in parenting her children.”

And, the fact that the other parent of Kelli’s children is her father does not, in itself, make her an unfit parent of those children.

Order reversed.

Recommended for publication in the official reports.

Dist IV, Monroe County, Abbott, J., Vergeront, P.J.

Attorneys:

For Appellant: Timothy A. Provis, Madison

For Respondent: Kerry Sullivan-Flock, Sparta

Select Region or Brand

Upcoming Event