Court of Appeals of Kansas August 24, 2001, No. 86,432 (In the Interest of M.E.B.)

Johnson, J.:

F.B., the adoptive father of M.E.B., appeals the trial court’s termination of his parental rights, based upon an unfitness presumption for murdering M.E.B.’s mother. F.B. claims the statutoiy presumption was prematurely invoked because his murder conviction appeal is pending. We disagree with F.B. and affirm.

M.E.B. was bom on January 12, 1992. On December 23,1998, F.B.