MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 26 2019, 8:12 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Heather M. Schuh-Ogle Curtis T. Hill, Jr. Thomasson, Thomasson, Long Attorney General & Guthrie, P.C. Benjamin M. L. Jones Columbus, Indiana Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA In re the Termination of the December 26, 2019 Parent-Child Relationship of Court of Appeals Case No. A.M. and Au.M. (Minor 19A-JT-1753 Children) and E.M.-G. (Father) Appeal from the E.M.-G. (Father), Bartholomew Circuit Court The Honorable Appellant-Respondent, Kelly Benjamin, Judge v. The Honorable Heather Mollo, Magistrate Indiana Department of Child Trial Court Cause Nos. Services, 03C01-1806-JT-3294 03C01-1806-JT-3295 Appellee-Petitioner Vaidik, Chief Judge. Court of Appeals of Indiana | Memorandum Decision 19A-JT-1753 | December 26, 2019 Page 1 of 12 Case Summary [1] E.M.-G. (“Father”) appeals the termination of his parental rights to his two children. We affirm. Facts and Procedural History [2] The facts that follow are taken primarily from the trial court’s findings of fact, none of which Father challenges on appeal.1 Father and V.M. (“Mother”) are the biological parents of A.M., born in 2012, and Au.M., born in 2013 (collectively, “Children”).2 Father is not an American citizen and resides in the United States without proper documentation. [3] In March 2017, the Department of Child Services (DCS) received a report alleging that Children were the victims of neglect because Father had stabbed Mother over twenty times with a screwdriver and that Children were present during the incident. See Ex. 45. Father and Mother were married, and Father told police that he stabbed Mother because he believed she was having an affair. Father admits that he became angry, lost control, and stabbed Mother with a screwdriver and that Children were in the room. See Tr. p. 51. Father was arrested and charged with Level 3 felony attempted aggravated battery, Level 5 1 Because Father does not challenge the trial court’s findings of fact, we accept them as true. See Maldem v. Arko, 592 N.E.2d 686, 687 (Ind. 1992). 2 Mother’s parental rights were also terminated, but she does not participate in this appeal; therefore, we limit our narrative to the facts relevant to Father. Court of Appeals of Indiana | Memorandum Decision 19A-JT-1753 | December 26, 2019 Page 2 of 12 felony domestic battery by means of a deadly weapon, Level 6 felony domestic battery resulting in moderate bodily injury, and Level 6 felony domestic battery committed in the presence of a child less than sixteen years old. See Ex. 36. Father later pled guilty to Level 5 felony domestic battery by means of a deadly weapon. He was sentenced to six years in the Department of Correction (DOC), all executed. See Ex. 39. As ...
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