Child’s best interests

The court held that it was “clear that the trial court took an individual approach to determining whether termination of respondent-father’s parental rights was in the children’s best interest.” It found that, “given the differences in the children’s ages and living situations, it was in JC’s best interests to terminate respondent’s parental rights, but that it was not in [JC's older half-brother] CC’s best interests to do so.” Respondent argued “that the trial court erred by failing to conduct an individualized best interests evaluation for JC.” He also maintained “that CC was similarly situated to JC in ‘every respect except for his age.’” The court disagreed. “The trial court considered the best interests of each child separately.” In doing so, the trial “court recognized that both children had a strong bond with respondent. However, CC was almost 18 years of age, but JC was only 7 years old. CC was made aware that respondent had sexually abused JC’s half-sister and he was old enough to make his own determination as to what level of contact he wished to maintain with respondent. Given JC’s young age, he was not told that respondent had sexually abused his half-sister.” Further, although he had a bond with respondent, “given his age and lack of awareness of respondent’s sexual abuse, the trial court did not err by not inquiring into his preference.” Next, although both children “were living with their mothers rather than with respondent, that was the only similarity in their living arrangements. JC was living with his half-sister, the child that respondent had sexually abused.” Thus, in JC’s case, “a relevant consideration was the impact that continued contact between JC and respondent would have on the family dynamic. Indeed, JC’s mother testified that the visits between JC and respondent led JC’s half-sister to feel isolated and led JC to ask questions regarding why his half-sister was being left out from the visits.” The trial “court found that the negative impact on the family dynamic weighed in favor of finding that termination of respondent’s parental rights was in JC’s best interests.” Affirmed.