Background

• Father D.G.R. lived in California and sent the Children to Missouri in 2010 to live with relatives.
• Father promised to visit but repeatedly failed to follow through; by 2010–2012 the Children remained in Missouri with the maternal relatives and later with their mother.
• In March 2011 the Children's Division intervened due to Mother's intoxication; the Children were placed in protective custody and a reunification plan was ordered for Father.
• Father provided some support in 2010–2011 but none after July 2011, and he failed to verify housing or stable employment; at trial he had not moved to Missouri or offered a suitable home.
• By 2012 Father relocated to Missouri shortly before trial but remained unemployed, living in his vehicle, and had not seen the Children since mid-2010; the case goal shifted to adoption.
• The circuit court found neglect, abandonment, and failure to rectify, and concluded termination of parental rights was in the children's best interests; on appeal, the court affirmed.

Issues

Key Cases Cited

• In re Adoption of C.M.B.R., 332 S.W.3d 793 (Mo. banc 2011) (establishes standard of review for termination cases and deference to trial court credibility)
• White v. Dir. of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (substantial evidence standard for factual findings; weight vs. sufficiency)
• Pearson v. Koster, 367 S.W.3d 36 (Mo. banc 2012) (distinction between 'against the weight of the evidence' and 'not supported by substantial evidence')
• In re S.M.B., Jr., 254 S.W.3d 214 (Mo. App. 2008) (adverse inference for failure to testify in termination cases)
• In re I.G.P., 375 S.W.3d 112 (Mo. App. 2012) (review of factual sufficiency and deference to trial court findings)