Mitchell v. Thayer
Annotate this Case
In Delaware, a father challenged the termination of his parental rights over his youngest child, J.M., who was born in November 2021. The mother, V.H., passed away a few weeks after giving birth, leaving the father, Jack Mitchell, to care for J.M. and his two older siblings. Due to various circumstances including Mitchell's brief incarceration and struggles with housing and employment, J.M. was placed in the guardianship of Rachel and Joshua Thayer, who were also the petitioners in the termination of parental rights case. The Thayers filed for termination of Mitchell's parental rights six months after assuming guardianship, asserting that Mitchell had intentionally abandoned J.M. The Family Court of the State of Delaware granted the petition, finding that the Thayers had proven by clear and convincing evidence that Mitchell had intentionally abandoned J.M. and that it was in the child's best interest for his parental rights to be terminated.
On appeal, the Supreme Court of the State of Delaware found the evidence insufficient to support the Family Court's conclusion that Mitchell intentionally abandoned J.M. The Supreme Court noted situations where Mitchell expressed a desire and willingness to assume legal and physical custody of J.M., and evidence that showed Mitchell's improvements in his personal circumstances, such as creating his own business, moving into a house, and caring for his other children. Consequently, it determined that the Family Court erred in its decision to terminate Mitchell's parental rights. The Supreme Court reversed the Family Court's judgment and remanded the case for further proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.