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In re E.T.C.6/15/2004
upport the finding that Father abandoned Child. Point denied.
E. Section 211.447.6
In his final point on appeal, Father contends that there was insufficient clear, cogent and convincing evidence to support the findings made pursuant to section 211.447.6. Specifically, Father challenges the court's findings with regards to two of the seven factors necessarily considered before terminating parental rights.
As required by section 211.447.6, the court found that: (a) Child had minimal emotional ties to Mother and Father; (b) Mother and Father have failed to maintain regular visits or other contacts; (c) Mother and Father, although financially able, have failed to contribute to the costs and care of maintenance for Child; (d) there is reasonable cause to believe that additional services would not bring about lasting changes by Mother and Father so as to enable Child to return to them within an ascertainable time; and (e) Mother is disinterested and lacks commitment to Child; Father is interested but lacks commitment to Child.
Father challenges the court's findings that (a) Child has minimal emotional ties to Father and (b) Father has failed to maintain regular contacts. The evidence supports the conclusion that Child has minimal emotional ties to Father. In fact Father's own sister, Patricia Openlander, testified that Child views Father as "a really good uncle ecause he's not around [Child] enough to be the father that he...should be." The evidence further supports the court's conclusion that Father failed to maintain regular contacts with Child. Beginning in July 2001, Child was in foster care. Almost two years later, Ms. Openlander testified that Father visited Child only "every...two or three months." This evidence clearly indicates Father's lack of commitment to Child. Accordingly, there is sufficient clear, cogent and convincing evidence to support the finding that (a) Child has minimal emotional ties to Father and (b) Father has failed to maintain regular contacts. Point denied.ConclusionWe affirm the judgment of the Family Court of St. Louis County terminating the parental rights of both Mother and Father as to Child.
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