"Abandonment implies an intentional act on the part of the parent."
How later courts described this case
- "Abandonment implies an intentional act on the part of the parent."
- reversing termination of father's parental rights where mother actively prevented him from visiting his children
- "Due to the serious nature of the action of terminating a parent's parental rights, this court must carefully review the unique set of facts established in each case in determining whether clear and convincing evidence was presented to support the termination of those rights."
- "Due to the serious nature of 32 CL-2022-0694 and CL-2022-0695 the action of terminating a parent's parental rights, this court must carefully review the unique set of facts established in each case in determining whether clear and convincing evidence was presented to support the termination of those rights."
Written by the judges who cited it.
The opinion
CRAWLEY, Judge,
concurring specially.
I concur in the reversal, except to the extent that the majority opines that “the problem with the visitation in this case might be addressed by the trial court’s imposing a more restrictive visitation schedule.” In my view, this court should not suggest to a trial court a particular resolution of an issue not presented for appellate review, especially in a case where there is evidence that the custodial parent, rather than encouraging and facilitating visitation, has repeatedly made efforts to prevent contact between the noncustodial parent and the children.