Francisco M. v. State, Division of Child & Family Services

OPINION

This case involves the termination of parental rights of Francisco M., who is incarcerated for the kidnapping of his wife. He contends that his rights were terminated solely based on his incarceration and that the Division of Child and Family Services failed to prove parental fault.

FACTS

E.G.P. was born on May 25, 1995, to Angela and Jose A. However, appellant Francisco M. testified that he was E.G.P.’s acting father. Angela and Francisco also had two children together. C.J.M. was born on June 9, 1997, and J.F.M. was born on May 12, 1999. On five separate occasions, Francisco was…