Mitchell v. Thayer

Summary

The Supreme Court of Delaware reversed the Family Court's termination of Jack Mitchell's parental rights because the record did not contain clear and convincing evidence that he intentionally abandoned his son during the relevant six-month period. The court held that Mitchell's inconsistent statements, efforts to improve his living circumstances, expressed desire to reunite with the child, and demonstrated ability to care for his other children did not establish the required failure to manifest an ability and willingness to assume custody. The court remanded for further proceedings on the pending guardianship-rescission petition and did not reach settled purpose or the child's best interests.