Evidence of abandonment by the natural parent

Assignment Help Business Law and Ethics

Reference no: EM13778451

Read Matter of Annette B. Retrieved May 22, 2010, from State Court Watch Web site.

Note that the New York Court of Appeals in Annette B. decided that it must not disturb the lower court's ruling that Joseph abandoned his daughter. In the final paragraph of the Court's opinion, Justice R.S. Smith Jr. wrote:

We thus conclude that there is legally sufficient evidence to support...[the] conclusion that Joseph abandoned Annette....We do not reach this conclusion lightly. Joseph had an important, constitutionally-protected right to a parental relationship with his daughter, and DSS gave his rights too little attention. But Annette's interests are important too. At the time of the hearing below, she was nine years old and living in foster care; her mother had surrendered parental rights to her. DSS is seeking to free Annette for adoption, opposed by a father Annette had never lived with and with him she had had no contact since she was four or five.

Considering the above, the court decision, your reading about family law to date (in particular, Chapter 20), as well as outside resources, in a 500-700 word essay, answer the following questions:

Suppose that Annette's foster parents were not seeking to adopt her. Do you think the result of this case would have been different?
Should the current situation of the child be considered when the legal standard for termination of parental rights is clear and convincing evidence of abandonment by the natural parent? Remember when answering this question that in Annette B., Joseph was not seeking custody of his child in this action. He was, at this time, only defending against a claim by the Department of Social Services that his parental rights should be terminated completely.

Reference no: EM13778451

Questions Cloud

What thematically is portrayed in the montage of the teacher : What thematically is portrayed in the montage of the teachers at the beginning of the film?

What does altruistic mean : What does altruistic mean? What does the essay contain? What does Dora's neighbor tell her? How does she redeem herself?

Focus of the research report : Recent research has indicated that eating chocolate can improve memory. Jones and Wilson (2011) found that eating chocolate two hours before taking math tests improved scores significantly. Wong, Hideki, Anderson, and Skaarsgard (2009) found tha..

Identify what strategic leadership skills are needed : Identify what strategic leadership skills are needed for your entrepreneurial venture to take it to the next growth level. How will you evaluate the leaders in your venture to determine if they have the strategic leadership skills needed?

Evidence of abandonment by the natural parent : Should the current situation of the child be considered when the legal standard for termination of parental rights is clear and convincing evidence of abandonment by the natural parent

Write a thesis statement : Write a thesis statement that is one to two (1-2) sentences long in which you: State your opinion on the significance of the two (2) real-life international incidents that you have researched

Overview of information systems : A description of the information systems type and its benefits.Example of each information systems type, the name of the vendor who built it, and the vendor's website

What role does entrepreneurial thinking : What role does entrepreneurial thinking play in strategic planning?

Dexterity in the use of communication tools : Without the ability to hold regular conversations face to face, dexterity in the use of communication tools is critical to success in an online classroom.

User Account

All Pages