In Re Preston H. (Concurring)

I concur in the result reached by the Court and in its analysis in all but one respect.  In considering whether the father of Preston H., Christopher W. (“Father”), established an affirmative defense to the claim that he abandoned his child by failure to support, the Court reasons that it is unnecessary to determine “whether willfulness [of Father’s failure to support] presents a question of law, fact, or a mixed question of fact and law.”  In my view, the outcome of the appeal depends on that determination.