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· 7/10/2023

In Re Paisley J.

Syllabus

In this case involving termination of the father's parental rights to his children, the trial court found by clear and convincing evidence three statutory grounds for termination of the father's parental rights to all three of his children, and the court found by clear and convincing evidence additional putative father grounds for termination of his parental rights to his youngest child only. The trial court further determined that clear and convincing evidence established that termination of the father's parental rights was in the children's best interest. The father has appealed. Having determined that the trial court found two statutory grounds, abandonment by failure to visit and abandonment by failure to support, that were not included in the petitioners' original or amended petitions, we reverse the court's findings on these two grounds. We must also reverse the four statutory grounds applicable to a putative father inasmuch as the petitioners did not present evidence to establish that the father qualified as a putative father. We affirm the trial court's judgment in all other respects, including termination of the father's parental rights based upon the remaining ground and best interest analysis.

Judges: Judge Thomas R. Frierson, II

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