2011AP1354 In re the termination of parental rights to Mercedes F.

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Juveniles
TPR; abandonment; good cause

In this termination of parental rights case, the circuit court decided on summary judgment that Timothy F. had abandoned his daughter, Mercedes F., within the meaning of the three-month abandonment ground found in Wis. Stat. § 48.415(1)(a)2. For purposes of summary judgment, it was undisputed that Timothy had “failed to visit or communicate with [Mercedes] for a period of 3 months or longer” and that this occurred while Mercedes was subject to a CHIPS placement order. See id. Thus, it was undisputed that Timothy met the requirements for termination in § 48.415(1)(a)2. Timothy’s argument on appeal is based on a statutory defense that, if shown, prevents termination even if the requirements in § 48.415(1)(a)2. are satisfied. Specifically, he argues that the summary judgment submissions show there is a material factual dispute as to whether he “had good cause for having failed to communicate with [Mercedes] throughout the [three-month] time period.” Affirmed. This opinion will not be published.

2011AP1354 In re the termination of parental rights to Mercedes F.

Dist IV, Rock County, Werner, J., Lundsten, P.J.

Attorneys: For Appellant: Chesshir, Carl W., Eagle; For Respondent: Timmerman, Jodi, Janesville

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