In the Matter of the Termination of Parental Rights Over T.E.L.S., Minor Child

Summary

The Supreme Court of South Dakota affirmed the denial of petitions by the mother and her husband to terminate the father's parental rights and permit a stepparent adoption. The court held that the evidence did not clearly and convincingly establish that the father had abandoned the child under SDCL 25-6-4(2), considering his support payments and efforts to maintain contact.

Holdings

1. The circuit court did not clearly err in finding that R.S. had not abandoned T.E.L.S.; the evidence did not establish by clear and convincing evidence an intent to abandon and relinquish parental obligations.

Questions Presented

1. Whether the circuit court was clearly erroneous in finding that R.S. had not abandoned T.E.L.S. under SDCL 25-6-4(2).
2. Whether the evidence established by clear and convincing evidence that R.S. intended to abandon and relinquish his parental obligations for at least six months immediately preceding the petition.

Disposition

affirmed