Our client, Ollie Loya, has sought our firm's representation in a termination of parental rights matter. Mr. Loya was released last year from prison after serving a two-year sentence for battery. He was out of custody for six months before being convicted of aggravated battery (with a deadly weapon). His release date would be in six years.

Mr. Loya's son was 18 months old when Mr. Loya was first incarcerated. He was 3- years old at the time of Mr. Loya's most recent release. The son would be ten years old when Mr. Loya is released from the most recent conviction.

The mother of the child had custody of Mr. Loya's son while Mr. Loya was first incarcerated. The Department of Child Safety (DCS) recently took the child from the mother because of abuse and neglect charges. DCS initiated termination proceedings against the mother and Mr. Loya, and the mother voluntarily surrendered her rights.

Mr. Loya was present in the home with the child prior to the first period of incarceration. However, there are multiple police reports indicating violence between Mr. Loya and his son's mother, and Mr. Loya has candidly admitted there was violence in front of the child in that period.

DCS has presented us with documentation that Mr. Loya has not provided financial support for his son since his first incarceration. Mr. Loya has provided us with documentation of sending letters and cards to the child while he was incarcerated. DCS has a paternal family relative willing and approved to adopt the child.

Please analyze whether there are sufficient facts to lead a court to find clear and convincing evidence there is a basis to terminate Mr. Loya's parental rights to his son.

To complete Part 1, draft and submit the Header, Statement of Assignment, Issue, Brief Answer, and Facts.