Preview:

STATE OF MICHIGAN
COURT OF APPEALS

In the Matter of ARIK HUNTER BRENEMAN, Minor.

MARIANNE BERCHENY and ANTHONY BERCHENY, Petitioners-Appellees, v PERRY LEE SHELTON, Respondent-Appellant, and NICHOLE ASHLEY BRENEMAN, Respondent.

UNPUBLISHED July 25, 2006

No. 266925 Wayne Circuit Court Family Division LC No. 05-443168-NA

Before: Neff, P.J., and Bandstra and Zahra, JJ. MEMORANDUM. Respondent-appellant appeals as of right the trial court's order terminating his parental rights to the minor child under MCL 712A.19b(3)(f). We affirm. The trial court did not clearly err in finding that a statutory ground for termination was established by clear and convincing evidence. MCR 3.977(J); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). The evidence established that the child has guardians, that respondentappellant failed to provide regular and substantial support for the child during the two years preceding the filing of the termination petition, and that respondent-appellant failed to regularly and substantially communicate with, contact, or visit the minor child during the same two-year period. The child's guardians testified that they never received any support or anything of value from respondent-appellant during that two-year period; respondent-appellant testified that he has never met the child and has never spoken with the child on the telephone; and the child's guardians testified that they did not prevent either parent from contacting or visiting the child and that respondent-appellant never visited with or wrote the child during the relevant two-year period. The trial court did not err in finding that a statutory ground for termination was established by clear and convincing evidence. -1-


Because the evidence did not show that termination of respondent-appellant's parental rights was clearly not in the child's best interests, MCL 712A.19b(5); In re Trejo, Minors, 462 Mich 341, 356-357; 612 NW2d 407 (2000), the trial court did not err in terminating respondentappellant's parental rights to the child. We affirm. /s/ Janet T. Neff /s/ Richard A. Bandstra /s/ Brian K. Zahra

-2-




Download IN RE ARIK HUNTER BRENEMAN MINOR.pdf

Michigan Law