In re Kyeshon J.

Citations

• 153 A.3d 499
• 2017 WL 588304
• 2017 R.I. LEXIS 19

Syllabus

The respondent, Kai Jackson, appealed from a decree of the Family Court terminating his parental rights with respect to his two minor sons, Kyeshon and Jarell. On appeal, he contended that the trial justice erred in finding (1) that he is unfit as a parent (2) that he had the financial ability to provide proper care, maintenance and support during his incarceration and (3) that termination of his parental rights would serve the best interests of the children. The Supreme Court held that the Family Court justice did not err in terminating the respondent's parental rights. Preliminarily, the Court was satisfied that the respondent's first contention on appeal had been waived. The Court further held that the trial justice's finding of abandonment by clear and convincing evidence was supported by ample evidence that the respondent had not contacted Kyeshon and Jarell for a period in excess of the six-month statutory period referenced in G.L. 1956 § 15-7-7(a)(4). The Court noted that the respondent's incarceration during the majority of the children's lives did not excuse his lack of effort to make contact with them. Accordingly, the Court affirmed the decree of the Family Court.