In Re Kandace D.

Syllabus

This appeal involves the termination of a father's parental rights to his minor child. The child's physical custodians petitioned to terminate the father's parental rights. The trial court found that the petitioners had established, by clear-and-convincing evidence, three grounds for termination: (1) abandonment by an incarcerated parent, with the parent having exhibited a wanton disregard for the welfare of the child prior to his incarceration (2) incarceration with a child under age eight and a prison sentence of ten years or more and (3) persistence of the conditions that led to the child's removal from the father's home. The trial court also determined that termination of the father's parental rights is in the child's best interest. The father appeals the three grounds for termination found by the trial court. The father also appeals the trial court's finding that termination of his parental rights is in the child's best interest. We reverse as to the ground of persistence of conditions, but affirm termination of the father's rights on both other grounds. We also affirm the trial court's conclusion that termination of the father's parental rights is in the child's best interest.