On Point blog, page 22 of 22
Grounds — Abandonment by Biological Parent, Occurring Prior to Adjudication as Parent, as Ground for Termination, §§ 48.02(13), 48.415(1)(a)3
State v. James P., 2005 WI 80, affirming, 2004 WI App 124
Issue: Whether biological father’s parental rights could be terminated on the ground of “abandonment” where he was not adjudicated as father until after alleged periods of abandonment.
Holding:
¶15 We hold that an individual who is in fact the biological father of a nonmarital child satisfies the definition of “parent”
Grounds — Denial of Physical Placement: § 48.356(2) Warnings in Underlying Order Unnecessary
Kimberly S.S. v. Sebastian X.L., 2004 WI App 83
Issue: Whether § 48.415(4) requires proof that an underlying family court order denying physical placement contained the warnings required by § 48.356(2).
Holding:
¶7. The plain language of Wis. Stat. § 48.415(4) requires proof that the notices in Wis. Stat. § 48.356(2) were provided only when the underlying order was issued in juvenile court.