In Re: Adoption of D.R.T., d/o/b 12/25/93 Kevin Dean Turnage v. Misty Renee Mitchell Carr

This is a case involving the chancery court’s decision not to terminate a mother’s parental rights. The father and his wife petitioned the court to terminate the mother’s rights and allow the wife to adopt the minor child. The court held a termination hearing to determine if the other’s rights should be terminated. In the order dismissing the petition for termination and adoption, the court found that the mother had not abandoned the child by failure to visit because her attempts to maintain contact and visit the child were thwarted by the father and his wife. As to the father and wife’s contention that the mother abandoned the child by her failure to pay child support, the court found that the mother had no reason why she did not pay child support, but then found that her failure to pay did not constitute abandonment. On this appeal, we do not have a transcript of the trial proceedings. The father filed a statement of the evidence, and the mother filed an objection to the father’s proposed statement of the evidence. In the mother’s filed objection, she stated that the parties stipulated at trial that her failure to pay child support “was not sufficient in itself to terminate [her] parental rights.” The chancery court certified its own statement of evidence, concurring with the mother’s filed objection and stating that the mother’s failure to pay child support was not willful
because of her lack of education and inability to maintain employment. Father appeals, and we affirm.