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Instead, the court interprets individual cases based upon the evidence. While the standard may be clear and convincing evidence for abandonment, that does not mean that the court must remove its common sense ability to interpret law and instead judge based on the testimony given (Garrison, 1983). If this were the case, then criminals would be let go the moment they plead innocent. Here, Annette's father claims that he made multiple attempts to find his daughter, but yet has no collaborating evidence to support this. He has no letters, phone records, or even a prison guard who can vouch for his claims. Thus, simply because he states that he made attempts, does not rule out the fact that contact was never made.
Additionally, regardless of the fact that Joseph was simply trying to keep his parental rights, in doing so he was preventing something that would have been far more beneficial to the child. Annette was being adopted. She would finally have a stable home with parents who loved her and cared for her. There are multiple well-known studies that clearly indicate that even a foster care home is not as advantageous to a child's emotional state as parents (Rubin, 2004). Her biological father, on the other hand, was not offering her a stable home or even trying to obtain visitation. It is only logical that termination of parental rights was a much more beneficial decision for Annette's future.
So, in the case of Annette, while the Constitution may require absolute evidence of abandonment, it is arguable that it is not unconstitutional...
Additionally, it is advantageous to consider the child's present circumstances and make a choice that is most advantageous for that child.
Works Cited
Garrison, Marsha (1983). Why Terminate Parental Rights? Stanford Law Review, 35(3), 423-496.
Guggenheim, Martin (1996). The Effects of Recent Trends to Accelerate the Termination of Parental Rights to Children in Foster Care - an Empirical Analysis in Two States. Family Law Quarterly, 29, 121-176.
Hasday, Jill (2004). The Canon of Family Law. Stanford Law Review, 57, 825-900.
Hill, John (1991). What Does it Mean to be a "Parent"? The Claims of Biology as the Basis for Parental Rights. New York University Law Review, 66, 353-402.
Hubin, Donald (1999). Parental Rights and Due Process. Journal of Law & Family Studies, 1(2), 123-150.
Matter of Annette B., 4 N.Y.3d 509; 829 N.E.2d 661; 796 N.Y.S.2d 569.
McCarthy, Francis (1988). The Confused Constitutional Status and Meaning of Parental Rights. Georgia Law Review, 22, 975-1039.
Rubin D, Alessandrini E, Feudtner C, Mandell D, Hadley T (2004). Placement Stability and Mental Health Costs for Children in Foster Care. Pediatrics, 113(5), 1336-1341.
Wald, Michael (1976). State Intervention on Bahalf of "Neglected" Children: Stadards for Removal from Their Homes, Monitoring the status of Children in Foster Care, and…
Works Cited
Garrison, Marsha (1983). Why Terminate Parental Rights? Stanford Law Review, 35(3), 423-496.
Guggenheim, Martin (1996). The Effects of Recent Trends to Accelerate the Termination of Parental Rights to Children in Foster Care - an Empirical Analysis in Two States. Family Law Quarterly, 29, 121-176.
Hasday, Jill (2004). The Canon of Family Law. Stanford Law Review, 57, 825-900.
Hill, John (1991). What Does it Mean to be a "Parent"? The Claims of Biology as the Basis for Parental Rights. New York University Law Review, 66, 353-402.
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