Case Summary: Father petitioned the Court for the termination of Mother's parental rights. He seeks termination due to abandonment. The Court looked to 13 Del.C. §1103(a)(2) and found the following relevant facts. In March of 2001, Mother filed a petition to modify custody at the same time that Father filed a petition for termination of rights and the stepmother filed a petition for adoption. In determining abandonment, the Court reviewed the statutory changes to the abandonment law in recent years. Prior to July 30, 2000, an abandonment finding required that the parent failed to: (1) make reasonable and consistent payments, in accordance with the respondent's financial means, for the support of the minor; and (2) communicate or visit regularly with the minor. As of July 30, 2000, the grounds for intentional abandonment were narrowed to a find that the parent failed to "communicate or visit regularly with the minor". The Court found that this statutory change did not affect the requirement of a showing that the parent have a "settled purpose" to abandon the child, nor that there be intent to abandon for some prescribed time. However, the Court recognized the legislature's clear intent that if respondent's conduct for a six month period in the year prior to filing the petition showed an intent to abandon, a parent's last minute attempt to rehabilitate themselves just prior to the filing would not cure the abandonment. However, the Court did hold that the post-abandonment conduct must still be considered by the Court in determining intent. In reviewing the facts presented, the Court found that Mother's mere filing of a custody petition did not make up for years of neglect of her daughter, and that responsible parenting requires more than the technical avoidance of statutory consequences where the evidence clearly establishes the parent had a settled purpose to abandon. The Court found intent to abandon, but then also went on to consider the new statutory grounds where no intent to abandon is required. 13 Del.C. § 1103(a)(2)b. Applying the criteria created in the July 30, 2000, amendment to the abandonment law, the Court concluded that Mother had also abandoned her daughter under this portion of the statute. The Court then went through the best interests analysis under 13 Del.C. §722 and concluded that the termination of Mother's parental rights was in the child's best interest.

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