By: WISCONSIN LAW JOURNAL STAFF//February 19, 2024//
WI Court of Appeals – District III
Case Name: K. W. v. S. L.
Case No.: 2023AP001582
Officials: Gill, J.
Focus: Termination of Parental Rights
Susan appeals from an order terminating her parental rights to her son, Alex, on the ground of abandonment pursuant to WIS. STAT. § 48.415(1)(a). Susan argues that the circuit court erred by granting a motion for partial summary judgment due to there being a genuine issue of material fact as to whether she knew Alex’s whereabouts during the period of abandonment. The appeals court concludes that a genuine issue of material fact exists as to whether Susan knew or could have known the foster parents’ address. The appeals court reverses the order terminating Susan’s parental rights and remand for further proceedings on the termination of parental rights (TPR) petition.
Reversed and Remanded.
Decided 02/13/24