Termination of Parental Rights

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. S. A.

Case No.: 2023AP001288

Officials: Geenen, J.

Focus: Termination of Parental Rights

Sherry appeals the orders of the circuit court terminating her parental rights to Terri, Tisha, Troy, Tina, and Todd. Sherry argues that the court erroneously exercised its discretion when it determined that it was in the best interest of the children to terminate Sherry’s parental rights and asserts that there was insufficient evidence in the record for the court’s conclusions.

Sherry does not contend that the circuit court failed to consider any required factor, but rather that when it weighed the evidence against the factors, it should have weighed more heavily Sherry’s recent efforts to continue as a significant factor in the children’s lives, her strides in addressing the issues that led to the children’s removal, and that she loves her children and wants them returned to her. Sherry therefore argues that the circuit court erroneously exercised its discretion when it found that the termination of parental interests was in the best interest of her children.

After a review of the record and evidence as a whole, the appeals court is confident that the circuit court considered the standard and all statutory factors in determining what was in each child’s best interest. The circuit court addressed and explained how the record evidence supported its findings with respect to each factor for each child and determined that granting the TPR petitions was in each child’s best interest. Wisconsin law does not “mandate the relative weight” to be placed on any particular factor, but rather that all factors be considered.

Affirmed.

Decided 10/10/23

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