A.J.F. v. North Dakota Department of Human Services
2017 ND 187
| N.D. | 2017Background
- Child J.L.F. born 2012; parents unmarried and separated in 2014.
- 2015 district court awarded mother primary residential responsibility; father given supervised parenting time.
- Mother married A.F. in 2016; A.F. petitioned to adopt J.L.F. later that year.
- Father (J.M.) did not give written consent to the adoption; mother testified father had not seen child since October 2015.
- Father testified he attempted multiple times since November 2015 to arrange supervised visits but was blocked by communication problems with the visitation center and unresponsiveness from mother’s counsel.
- District court denied A.F.’s adoption petition, finding A.F. failed to prove statutory exceptions to the parental-consent requirement (no abandonment and no one-year significant failure without justifiable cause). Appeal followed.
Issues
| Issue | Petitioner (A.F.) Argument | Respondent (Father/J.M.) Argument | Held |
|---|---|---|---|
| Whether written consent excused because father failed for one year to communicate or provide support without justifiable cause (N.D.C.C. § 14-15-06(1)(b)) | Father had not seen child for over a year, so consent not required | Father made repeated, good-faith attempts to arrange supervised visitation and contact; failures were due to logistical/third-party problems | Court: No clear error in district court finding A.F. failed to prove significant failure without justifiable cause; denial affirmed |
| Whether father abandoned the child so consent unnecessary (N.D.C.C. § 14-15-06(1)(a)) | Father’s long absence amounted to abandonment | Father’s attempts to visit and arrange contact show intent to maintain relationship; absence not abandonment | Court: No clear error in district court finding no abandonment; denial affirmed |
| Whether district court improperly weighed credibility or evidence | A.F. argued father failed to corroborate his attempts, so court should find failure/abandonment | Father’s testimony and other evidence showed attempts; credibility/resolution of conflicts for trial court | Court: Appellate court will not reweigh credibility; findings supported by record |
| Whether district court’s factual findings were clearly erroneous | A.F. contended the facts (year-plus without contact) compelled reversal | Father contended facts supported by testimony of attempts to contact/visit | Court: Findings not clearly erroneous under standard (no erroneous law, evidence supports findings, no firm conviction of mistake) |
Key Cases Cited
- In re Adoption of H.G.C., 761 N.W.2d 565 (2009) (factors for abandonment include contact, care, intent, and acceptance of parental obligations)
- In re Adoption of S.R.F., 683 N.W.2d 913 (2004) (parental duties and negligent failure to perform them relevant to abandonment)
- In re Adoption of K.J.C., 877 N.W.2d 62 (2016) (standard for clearly erroneous review of adoption findings)
- Interest of R.W.B.C., 896 N.W.2d 226 (2017) (appellate courts do not reweigh evidence or reassess witness credibility)