In re Adoption of Maisie, 122 N.E.3d 1099 (2019)

Citation: In re Adoption of Maisie, 122 N.E.3d 1099 (2019)
Parent Document: In re Adoption of Maisie, 122 N.E.3d 1099 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-01-16
Original Source: https://www.courtlistener.com/opinion/7178530/in-re-adoption-of-maisie/ ↗

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A decision to terminate parental rights calls for a two-step analysis. See G. L. c. 210, § 3 ; Adoption of Nancy, 443 Mass. 512, 515 (2005). First, the judge must find, by clear and convincing evidence, that the parent is unfit. Id. Second, the judge must determine whether the termination of parental rights serves the best interests of the children. Id. When determining unfitness, "no one factor is determinative and the judge should weigh all the evidence." Petitions of the Dep't of Social Servs. to Dispense with Consent to Adoption, 399 Mass. 279, 290 (1987). The judge "must analyze the parent's character, temperament, capacity and conduct in relation to the particular child's needs, age, affections and environment." Adoption of Carlos, 413 Mass. 339, 348 (1992). The judge's findings must be left undisturbed unless they are "clearly erroneous or where there is a clear error of law or abuse of discretion." Adoption of Ilona, 459 Mass. 53, 59 (2011).

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