IN RE ALEXANDER B.

Syllabus

In this case involving termination of a mother's parental rights, the trial court determinedthat clear and convincing evidence supported termination as to two statutory grounds:abandonment by failure to visit and persistence of the conditions that led to the child'sremoval. The trial court did not find clear and convincing evidence to support the allegedground of failure to manifest an ability and willingness to assume legal and physicalcustody of or financial responsibility for the child. The trial court further determined thattermination of parental rights was in the child's best interest. The mother has appealed,contesting the termination of her parental rights and additionally arguing that the adoptivefather lacked standing to file the petition due to his criminal history and the fact that he isnot legally related to the child. Upon review, we determine that the adoptive father hadstanding to file the termination petition because he had maintained physical custody of thechild for nearly a year before filing the termination petition. As to termination of themother's parental rights, we reverse the trial court's determination that the petitioners hadfailed to establish the statutory ground of failure to manifest an ability and willingness toassume legal and physical custody of the child. Accordingly, we find that statutory groundalso supports termination of the mother's parental rights. In all other respects, we affirm.