OMAHA, Neb. (AP) — The Nebraska Court of Appeals has ruled that a man in prison for molesting his 6-year-old daughter should not have his parental rights terminated under the state law used to sever those rights.

The decision Tuesday came as part of a case in which the girl’s stepfather seeks to adopt her and her two younger brothers.

The appeals court faulted the termination by a court judge, instead of a juvenile court judge, under a state adoption law that allows the termination of parental rights if the parent has abandoned the child for at least six months prior to the adoption filing.

The appeals court said the imprisoned father had sent the children letters and cards in the six months before the adoption action was filed.