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Kimbler v. Arms3/14/2003
is conclusively refuted by the evidence and, further, that his lack of participation, "even if supported by the evidence, should not be an element of abandonment under the present circumstances." No credible argument can be made that education is not among the fundamental areas encompassed in the "natural and legal obligations" of parenting. The court's determination that Kimbler's inability to recall even the most basic information on this subject was indicative of his lack of participation in Justin's education seems particularly justified when viewed in context. Conflicting evidence on this issue does not render the court's finding clearly erroneous and, again, Kimbler's lack of awareness as to this critical aspect of Justin's development was not the sole factor relied upon by the court in making its determination but was a contributing factor in its analysis, an approach that is both consistent with and mandated by the relevant authority.
To summarize, for the purposes of applying Mandy Jo 's law, abandon means "neglect and refusal to perform natural and legal obligations to care and support, withholding of parental care, presence, opportunity to display voluntary affection and neglect to lend support and maintenance...It means also the failure to fulfill responsibility of care, training and guidance during the child's formative years." Further, as correctly observed by the circuit court, the differing factual situations that are likely to appear in this context make a bright line rule impossible, and, as such, analysis under Mandy Jo's law must be done on a case-by-case basis. Based on Kimbler's undisputed failure to satisfy his child support obligation with isolated exceptions, the questionable nature of his visitation with Justin and general lack of involvement in fundamental areas of Justin's life such as education, the circuit court properly found that Kimbler willfully abandoned Justin. Accordingly, under Mandy Jo's law, Kimbler is precluded from now sharing in the "benefits to which a parent is entitled when their minor child is taken from them much earlier than could ever be just," and the circuit court's order to that effect is affirmed.
ALL CONCUR.
Prestonsburg, Kentucky
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