In re K.K.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner father D.K.’s parental, custodial, and guardianship rights to K.K. The court held that the circuit court did not abuse its discretion in denying an improvement period because the father failed to fully acknowledge the abuse and neglect issues. The court also upheld the finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected and declined to consider an unpreserved challenge to the child support obligation.

Holdings

1. The circuit court did not abuse its discretion in denying petitioner an improvement period because he failed to demonstrate by clear and convincing evidence that he was likely to fully participate in the improvement period.
2. The circuit court did not err in terminating petitioner's parental, custodial, and guardianship rights because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected and termination was in the child's best interests.
3. The court declined to address petitioner's challenge to the child-support calculation because the issue was nonjurisdictional and petitioner failed to object when the circuit court imposed and continued the obligation.

Questions Presented

1. Whether the circuit court abused its discretion by denying petitioner an improvement period.
2. Whether the circuit court erred in finding that there was no reasonable likelihood that petitioner could substantially correct the conditions of abuse and neglect in the near future and in terminating his parental, custodial, and guardianship rights.
3. Whether the circuit court improperly attributed unavailable income when calculating petitioner's child-support obligation, where petitioner did not object to the obligation below.

Disposition

affirmed