Termination of Parental Rights

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WI Court of Appeals – District III

Case Name: R. G. v. J. J.

Case No.: 2023AP000630

Officials: Gill, J.

Focus: Termination of Parental Rights

Jacob appeals from an order terminating his parental rights to his son, Hank, based upon a continuing denial of periods of physical placement or visitation pursuant to WIS. STAT. § 48.415(4). Jacob argues that the circuit court erred by concluding he was “denied” periods of physical placement based upon his stipulation in a family law action that he would have no custody or physical placement of his son until further order of the court. He also argues that his due process rights were violated because his parental rights were terminated without a hearing on his fitness as a parent.

Given the court’s comments and decision, the appeals court infers the court found that Jacob was unfit to continue to parent Hank based upon the nature of Jacob’s crimes, coupled with the length of his

incarceration, and lack of ongoing communication with Hank. Thus, the court considered the additional factors set forth by the state supreme court.  The termination of Jacob’s parental rights was not based solely on his incarceration but, rather, on the other facts as well as the supplemental divorce judgment based on the custody and placement agreement that Jacob stipulated to.

Affirmed.

Decided 01/09/24

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