Case Summary: DFS sought termination of parental rights for the child. The Mother originally gave the name of one man to be the father; however, paternity testing excluded him. At the trial to terminate Mother and Unknown Father's parental rights, Mother gave the name of another man (A.S.) whom she believed did not reside in Delaware but whom may possibly have fathered this child. The Court proceeded to terminate Mother's parental rights and subsequently issued publication notice to A.S. A.S. failed to respond. The Court found that A.S. had abandoned the child and that it was in the child's best interest that the parental rights be terminated. The Court had no evidence that A.S. was aware that he was the Father so it could not find that there was an intent to abandon. However the Court did find that A.S. failed to communicate regularly with the child, filed no petition to establish paternity or seek visitation, showed no willingness to assume legal and physical custody of the child, failed to pay child support and that failure to terminate would be detrimental to the child. The Court also found that A.S had failed to plan for the child. The Court found that it was in the child's best interest to terminate parental rights since A.S had shown no interest or willingness to assume parental responsibilities, and the child had serious physical and potentially psychological issues which needed to be addressed both in the immediate and distant future.

Back to Case Law