Termination of Parental Rights

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WI Court of Appeals – District III

Case Name: C. T. L. v. M. L. K.

Case No.: 2023AP000402

Officials: Stark, P.J.1

Focus: Termination of Parental Rights

Mary’s paternal grandparents, petitioned to terminate Melissa’s parental rights to Mary, who had lived with them for four years. The TPR petition alleged grounds of abandonment. Melissa appeals from an order (TPR) to her six-year-old daughter Mary. She argues that she is entitled to a new trial for two reasons. First, the circuit court erroneously exercised its discretion by admitting irrelevant evidence regarding Mary’s best interest during the grounds phase of the proceedings. Second, the court erred by failing to take judicial notice of a COVID-19 stay-at-home order that Melissa claims supported her good cause defense to the issue of whether she abandoned Mary. The appeals court concludes that the evidence showing that Melissa abandoned Mary was virtually undisputed, and there was no evidence showing that Melissa had good cause for failing to visit or communicate with Mary. The appeals court concludes that any error on the part of the court was harmless.

Affirmed.

Decided 07/11/23

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