Opinion
Nos. 2014AP2004 2014AP2005.
2015-06-24
In re the Termination of Parental Rights to M.H., a Person Under the Age of 18: Caroline P., Petitioner–Appellant, v. Shawn H., Respondent–Respondent. In re the Termination of Parental Rights to E.H., a Person Under the Age of 18: Caroline P., Petitioner–Appellant, v. Shawn H., Respondent–Respondent.
Caroline requested that the court hold a custody hearing prior to the termination hearing because, “this is what I am saying: I don't have that right [to custody and visitation]. So, it seems like I need a custody hearing to be able to obtain that right ... before I even terminate.” The court denied her request. Caroline then asked if she would be able to have a custody hearing if she canceled her termination motions. The court responded, “No. I am not going to do that. We are going to proceed with the petitions. You can, I guess, withdrawal [sic], if you want to ... withdraw. But I am not going to conduct any hearing on that, on the custody today.” Toward the end of the hearing, Caroline returned to the topic of withdrawing her termination petitions. The court instructed her, “[I]f you want to file something in writing and voluntarily dismiss the termination of parental rights case feel free to do so. If I get it before we schedule something I will let you know.” She argues, “Parental rights may not be terminated merely to advance the parents' convenience and interests, either emotional or financial.... Simply put, no parent may blithely walk away from his or her financial responsibilities.” See Gerald O. v. Cindy R ., 203 Wis.2d 148, 156, 551 N.W.2d 855 (Ct.App.1996).