Stearns v. Division of Family Services, et al.
Annotate this CaseAppellant appealed from Family Court orders granting Division of Family Services ("DFS") petitions for the termination of her parental rights in her four minor children. At issue was whether the Family Court erroneously denied her Family Court Civil Rule 41(b) Motion to Dismiss and failed to address the requisite best interest of the child factors when terminating her rights. The court held that, by presenting evidence to support her defense after the Family Court judge denied her motion, appellant waived her right to contest the dismissal. The court also held that even if appellant had stood on her motion, the Family Court had considerable discretion to deny it and therefore, the Family Court did not abuse its discretion. The court further held that the Family Court did consider the best interest of the child factors appropriately and made conclusions after finding facts that were not clearly wrong. Accordingly, the judgment of the Family Court was affirmed.
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