Articles Posted in Child placement

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familyWhen Wisconsin courts consider where to place children, their foremost concern is ensuring that the best interests of the child are respected and that the child is given the best opportunity to find a home environment that is safe and supportive. While sometimes this means that a parent rehabilitates his or her relationship with a child and they are reunited, other times it means that the courts must look to foster parents or adoption for the child. While adoption is never the first choice for a court, it is sometimes necessary when a parent cannot uphold his or her responsibilities.

In a recent Wisconsin child custody case, the court considered what to do when an initial plan for adoption falls through for a child and whether to consider reopening termination proceedings for a biological parent. In the case, M.G. was removed from the home of her mother, R.G., after she was found to be suffering from dehydration and malnutrition. In October 2015, the court held a hearing to impose conditions that R.G. needed to meet for the return of her child. R.G. failed to comply with the conditions, and in September 2016, a petition to terminate her rights was filed. R.G. failed to show up for the pretrial hearing and failed to attend the final dispositional hearing.

At the dispositional hearing, the court heard testimony from various parties that M.G. was doing well with her foster family and that it was anticipated that they would try to adopt her. The court determined that it was in the best interest of M.G. that R.G.’s parental rights be terminated and that she be transferred to the custody of the state, where she could then be adopted. Unfortunately, in March 2017, M.G. was transferred out of her foster family after it was discovered that her foster mother was physically abusing her. At this time, R.G. moved to reopen her disposition hearing on the basis of the new evidence that M.G. was no longer with her foster family. The State opposed the motion, and, after a hearing, the lower court ultimately concluded that the termination of R.G.’s parental rights should stand because the termination of rights was not contingent on M.G.’s foster family adopting her, but instead it was simply in her best overall interest to be adopted.

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baby girlsCourts considering the termination of parental rights often focus extensively on how termination will affect the child’s relationship with his or her parents and other relationships as well, such as connections with grandparents. Courts are always reluctant to cut off a child’s access to family members, even if those family members historically have not taken good care of the child. In considering the future of a child’s relationships, courts may sometimes seek information from foster parents or potential adoptive parents as to whether they are willing to continue to allow the child to have a relationship with his or her family members. In a recent Wisconsin child custody case before the Wisconsin Court of Appeals, the court looked at whether it is fair to consider these types of statements in termination proceedings.

In In Re N.L.P. and M.P.P., the Wisconsin Court of Appeals considered the termination of M.P.’s parental rights for failing to follow through on requirements that he maintain a closer relationship with his twin daughters, N.L.P. and M.P.P. The two girls were removed from the custody of their mother after they were discovered to have recently healed fractures that were not consistent with a fall. At the time, their mother had previously been reported for child welfare issues and was alleged to have left her children (ranging from seven years in age to infants) alone for extended periods of time. At the time, M.P. was living close to N.L.P. and M.P.P., but he had limited contact with them. He was also taking care of two other children at the time and was found to have difficulty supporting them alone. Accordingly, N.L.P. and M.P.P. were placed in foster care. A CHIPS order was implemented, and certain conditions were placed on M.P. before the girls could be returned home. These requirements included supervised visitation, parenting education, and therapy.

After several months, it was reported that M.P. was failing to meet the requirements imposed. He was inconsistent in his visits with his daughters, missed important educational and medical appointments, and did not always attend therapy. Caregivers also noticed that after unsupervised visits with his daughters, they would develop certain fears or tics, such as a stutter, that made them concerned about M.P.’s interactions with the girls. Accordingly, a year and a half later, a Petition for Termination of Parental Rights was filed against M.P. M.P. opted for a court trial, which took four days and included extensive evidence about M.P.’s actions and the girls’ situation. During the trial, the girls’ foster parents testified that they hoped that M.P. would continue a relationship with the girls even after the termination of parental rights, and they were open to accommodating that relationship. At the close of evidence, the trial court decided to terminate M.P.’s rights. M.P. appealed.

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babyThe termination of parental rights in Wisconsin is a very serious issue. Courts do not take requests for the termination of rights lightly, since any outcome can have grave consequences for all of the parties involved. In evaluating a petition for the termination of parental rights, courts will look primarily at whether termination is in the best interest of the child, and which circumstances will best ensure the child’s future success and happiness. As illustrated in the case below, in some circumstances, this can mean terminating the rights of biological parents in order to allow a child to be adopted by foster parents or other individuals.

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sonIn Wisconsin, courts may consider a wide range of factors when determining custody between two divorcing parents. Among these factors, Wisconsin courts are statutorily required to consider evidence of past domestic abuse. Wisconsin’s statutes do not require that a past history of abuse be dispositive, but it must be one of the factors that a court considers. A recent case before the Wisconsin Court of Appeals illustrates how this factor may be weighed against others in evaluating custody arrangements.

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courtroom-1-1236725-1278x855-3-300x201When dealing with family law matters, it can be difficult to ascertain the true interests of the parties and all those affected, without conducting an evidentiary hearing. While briefs and motions can be carefully crafted in order to present the story from a party’s particular perspective, hearings are often necessary to understand the full details of a situation and the true impact that any changes to a custody order, or maintenance plan, are likely to have on those involved. At the same time, courts are often constrained by time and resources from conducting hearings on every occasion, and may opt instead to hold hearings only in those cases where they are most necessary. A recent case before the Wisconsin Court of Appeals looks at whether courts are required to hold hearings in some circumstances and whether that is a basis for appeal.

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