Russell v. O'Neill

NEPTUNE, Judge

(concurring in part and dissenting in part).

I concur except as to the sustention of the finding of abandonment. The initial placing of the child with appellee by Susan O’Neill, in March of 1973, was without intention of relinquishing her parental claims. In July of 1973, appellant sought and obtained custody through habeas corpus. In December of 1973, she again sought to have the child returned to her. And in June of 1974, appellant mother made oral motions in open court seeking to be restored to custody. Though the expressions of interest and the offer of parental care by the mother were meagre, they tend to refute the conditions required for a finding of abandonment as I view it. I would affirm the trial court except as to the order terminating the parental rights of appellant Susan O’Neill.