Latest Case: In re Tresin J. (Family Law)

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In re Tresin J.

Docket: SC20267

Opinion Date: January 7, 2020

Judge: Richard A. Robinson

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the Appellate Court affirming the judgment of the trial court terminating Father's parental rights as to his child, holding that Father's parental rights were properly terminated for lack of an ongoing parent-child relationship. Father was incarcerated when the child was two years old. At the time of the termination trial, the child, who was six years old, had no knowledge or memory of Father. On appeal, Father argued that the virtual infancy and interference exceptions to the lack of an ongoing parent-child relationship ground for the termination of parental rights was applicable because the child was only two years old when Father's incarceration separated them, and the circumstances of this case rendered contact impossible during his incarceration. The Appellate Court affirmed. The Supreme Court affirmed, holding that the interference and virtual infancy exceptions were inapplicable as a matter of law, and therefore, the Appellate Court properly upheld the trial court's termination of Father's parental rights.