In the Matter of: Dylan M. J.

The mother and stepfather of a nine year old boy filed a petition to terminate the parental rights of the boy’s father, who was incarcerated at the time the petition was filed. The sole ground alleged in the petition was abandonment by failure to pay child support. After a hearing, the trial court terminated the father’s rights. The court ruled that the ground of abandonment had been proved because there was clear and convincing evidence that the father had failed to support the mother during her pregnancy, and that the father had subsequently shown wanton disregard for the welfare of the child prior to his incarceration. The court also found that termination of the father’s rights was in the child’s best interest.  We reverse.