In re A.B
In re A.B., 151 Wis. 2d 312, 444 N.W.2d 415 (Ct. App. 1989), involved an attempted voluntary termination.
The Court observed that once grounds for parental rights termination have been proven, the trial court moves on to the "disposition" stage and decides, upon the evidence, whether termination is warranted. See ... sec. 48.427(1), Stats.
The trial court may then either enter an order terminating parental rights, if the evidence supports termination, or dismiss the petition if the evidence does not. Sec. 48.427, Stats.
In making that decision, the trial court must give "paramount consideration" to the child's best interests, sec. 48.01(2), Stats., which also constitute the "prevailing factor." Sec. 48.426(2), Stats.
The Court also observed that Wis. Stat. 48.426(3) requires the trial court to consider the factors set forth in that subsection in ascertaining the child's best interests. We further held that alternatives to termination must be explored. See id. at 322. "Only ... after consideration but rejection of these alternatives, is termination permitted." Id.