Duncan v. Davis

This decision is perhaps the most difficult and Solomonlike that this Court has had or will have for many years, and hence I regret to further compound the problem by dissenting. The decision is particularly difficult for two reasons. First, this Court must decide whether to deprive a natural mother of the future custody of her child, or in the alternative to tear that same child away from the prospective adoptive parents who have had the care and custody of that same child for approximately a year and a half since the child was approximately one week old. We may assume that strong bonds of…