Worm v. Worm

Severs, Judge,

concurring.

I concur in the result, but not because I do not believe that Vernon has not abandoned his daughter — he has. His failure to provide love, nurturing, monetary support, and the most basic of contact with Elizabeth is clearly abandonment of the child. But termination of his parental rights is permanent, and although Vernon’s lack of responsibility generates little compassion for him, we must also consider whether termination of his parental rights is in Elizabeth’s best interests. Sharon offers no compelling reason to terminate Vernon’s rights, nor does she show benefit to Elizabeth from such a termination. Sharon’s fear of Vernon’s taking Elizabeth seems unsubstantiated by any of his past actions. In fact, his abandonment of Elizabeth makes it seem unlikely. Absent evidence showing that termination of Vernon’s parental rights is in the best interests of Elizabeth, we should not forever remove the opportunity for a lawful father-daughter relationship. Moreover, we should not free Vernon from his obligation to pay support for his child, which a termination would do.