IN RE ALEXANDER B.

In this case involving termination of a mother’s parental rights, the trial court determined
that clear and convincing evidence supported termination as to two statutory grounds:
abandonment by failure to visit and persistence of the conditions that led to the child’s
removal. The trial court did not find clear and convincing evidence to support the alleged
ground of failure to manifest an ability and willingness to assume legal and physical
custody of or financial responsibility for the child. The trial court further determined that
termination of parental rights was in the child’s best interest. The mother has appealed,
contesting the termination of her parental rights and additionally arguing that the adoptive
father lacked standing to file the petition due to his criminal history and the fact that he is
not legally related to the child. Upon review, we determine that the adoptive father had
standing to file the termination petition because he had maintained physical custody of the
child for nearly a year before filing the termination petition. As to termination of the
mother’s parental rights, we reverse the trial court’s determination that the petitioners had
failed to establish the statutory ground of failure to manifest an ability and willingness to
assume legal and physical custody of the child. Accordingly, we find that statutory ground
also supports termination of the mother’s parental rights. In all other respects, we affirm.