Case Conclusion Date:December 14, 2012
Outcome:Termination of parental rights granted, adoption confirmed
Description:Step-father sought adoption of child born unto the Mother in a previous relationship. Biological father was incarcerated for over two (2) years. Father argued that incarceration should not count against him for not communicating with the child, therefore deferring the six (6) month time of "abandonment" pursuant to the statute. Court ruled that incarceration does not defer the statute, and due to Father's lack of communication of attempts to communicate, expressed abandonment. Termination of parental rights was granted, and step-father was able to adopt the child.