Henderson v. Callis

Wendell L. Griffen, Judge.

Allen Henderson appeals from an order granting appellee Dorothy Callis’s petition to adopt his son, A.H., and terminating appellant’s parental rights with regard to his son. He argues that the trial court erred in terminating his parental rights because the court’s determination was based solely on the fact that he is or has been incarcerated. We agree and reverse the trial court’s order.

This appeal results from appellee’s petition to adopt A.H., who was born out of wedlock on August 30, 1999, to appellant and Racquel Mitchell. In her petition, appellee stated that…