Title: Delaware Supreme Court decides that father’s failures were enough to terminate his parental rights. BY: Elizabeth H.

Link for opinion: http://courts.delaware.gov/opinions/download.aspx?ID=169280.

The Delaware Supreme Court held in Oliver v. Thomas-Martin, 38 A.3d 1255 (Del. 2012) that a father, who had been incarcerated most of his daughters life, had failed to provide for her, and had not seen the daughter in several years, could have his parental rights terminated. Since, this would be in the best interest of the child.

The mother and father, who had never been married or lived together, were originally granted joint custody, but soon after the child was born the father was incarcerated. Originally, the father corresponded with the mother and child, but all communication would eventually stop. In the meantime, the mother married and the step-father became the only father figure in the child’s life.

The mother eventually moved to have the father’s rights terminated and the family court granted the termination because of 13 Del. C. § 1103(a)(5). This code holds that parental rights can be terminated for the following reasons: the parent fails to meets the child’s needs. The child has lived in a step parent’s home for more than a year, or it is unlikely that the parent will take any responsibility for the child in the near future. In addition to finding all of these measures met, the family court found that termination of the father’s parental rights was in the child’s best interest.

The father appealed the decision claiming that he had sent items to the child and had intended to send others that were not properly delivered. He further claimed that he had no way to communicate with the child. However, there arguments did not hold up. The little that he sent to the child in the beginning never substantially met the child’s needs. It was also shown that the father’s family members had been able to contact the child’s mother. Thus, he also should have reached the mother had he tried.

Due to the fact that the trial court correctly considered the facts and law when making their decision, the Delaware Supreme Court affirmed that it was in the best interest of the child for the father’s parental rights to be terminated

Labels for the post: termination of parental rights, incarceration, best interest of the child