Mother and Stepfather sought termination of Father’s parental rights to a child who is subject to the Indian Child Welfare Act (ICWA). The trial court terminated Father’s parental rights. Father appeals, alleging (1) various violations of the ICWA; (2) due process violations; (3) improper entry of default judgment; (4) a violation of his right to counsel; (5) improper application of the standard of proof required by the ICWA; (6) insufficient evidence to establish the termination grounds of abandonment by failure to visit, abandonment by failure to support, and failure to manifest a willingness and ability to assume custody, and (7) error as to the finding that termination is in the child’s best interest. We conclude that the trial court erred in finding that the ground of failure to visit was established by clear and convincing evidence, but we affirm the judgment of termination. We deny Mother and Stepfather’s request for attorney’s fees.
Case Number
M2024-01355-COA-R3-PT
Originating Judge
Judge Stanley Kweller
Date Filed
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