Adoption of I.V.E., C.A.E., and L.A.E., 9 N.W.3d 260

Wesley Castle, stepfather to three children, filed to adopt them with consent of their mother, Frances, but without consent of their biological father, Isaac Ellsaesser, who objected.
Isaac had a history including domestic violence and alcoholism, but completed treatment and tried to reestablish a relationship with the children post-divorce.
Frances obtained sole legal custody and later repeatedly moved states with the children, while Isaac struggled to contact them and to determine how to fulfill child support obligations.
Frances and Wesley both blocked Isaac’s and his wife Emily’s attempts at contact via social media and ignored attempts to send gifts or messages to the children.
Isaac eventually hired an attorney to determine his child support arrears and initiated court proceedings to modify parenting time and support before Wesley filed for adoption.
The circuit court denied Wesley's petition to waive Isaac's consent, finding he had not abandoned nor willfully neglected the children under SDCL 25-6-4(3) or (4), and Wesley appealed.

Issue	Castle's Argument	Ellsaesser's Argument	Held
Waiver under SDCL 25-6-4(3): Neglect of parental care	Isaac continuously neglected parental care and efforts to reconnect were insufficient	Isaac made repeated efforts to maintain contact, was thwarted by Frances, and lack of care was due to circumstances beyond his control	No waiver; Isaac attempted to reconnect, efforts were credible, and impediments were partly caused by Frances and Wesley
Waiver under SDCL 25-6-4(4): Willful failure to pay support	Isaac had means and willfully failed to pay child support; failure to pay is willful	Isaac was unable to pay at times, did not know where/how to pay, and made efforts once informed; not willful	No waiver; lack of payment not willful, as Isaac acted in good faith once aware of obligations

Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (recognized fundamental rights of parents to care and custody of their children)
In re Guardianship of S.M.N., 781 N.W.2d 213 (S.D. 2010) (affirmed parental rights are fundamental and stringent standards must be met to override them)
In re Adoption of Z.N.F., 841 N.W.2d 460 (S.D. 2013) (applied standards for waiving parental consent in adoption, but distinguished facts here as evidence of continued attempts to reestablish relationship)
In re Termination of Parental Rights over T.E.L.S., 732 N.W.2d 740 (S.D. 2007) (standard for review of findings of fact is clearly erroneous)
Zepeda v. Zepeda, 632 N.W.2d 48 (S.D. 2001) (appellate courts defer to trial court's credibility findings and do not reweigh evidence)