Adoption of K.S., A Minor Child: A.S. and D.S. v. C.Z.
980 N.E.2d 385
| Ind. Ct. App. | 2012Background
- Appellants Father D.S. and Stepmother A.S. petitioned to adopt K.S. (born 2005) and sought to waive the natural mother’s consent.
- Mother C.P. was the natural parent whose consent was at issue; the 2006 divorce granted Father physical custody and joint legal custody to both parents.
- A support order for K.S. was entered in 2010, retroactive to 2009; Mother’s payments were inconsistent and she later faced contempt for nonpayment.
- Mother began bed rest in late 2010 and did not work again until September 2011, resigning thereafter to care for two younger children.
- Adoption petition was filed December 19, 2011; after a hearing, the trial court determined Mother’s consent was required under Indiana law.
- The Indiana Court of Appeals reversed the trial court, holding consent was not required but remanded to determine if the adoption would be in K.S.’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court correctly dispensed with the mother’s consent. | D.S. (and A.S.) argued Mother failed to support K.S. despite a court order. | Mother contends consent is required under the statute. | Consent was not required; decision remanded for best-interest determination. |
Key Cases Cited
- In re Adoption of M.A.S., 815 N.E.2d 216 (Ind. Ct. App. 2004) (strict reliance on best interests; parental rights are highly protected)
- In re Adoption of T.W., 859 N.E.2d 1215 (Ind. Ct. App. 2006) (dispensing with consent requires clear and convincing evidence; disjunctive grounds)
- In re Paternity of C.N.S., 901 N.E.2d 1102 (Ind. Ct. App. 2009) (contempt for failure to pay support requires ability to pay and willful nonpayment)
- In re Augustyniak, 508 N.E.2d 1309 (Ind. Ct. App. 1987) (monetary support may be defined by total circumstances beyond regular income)
- In re N.W. (M.W. v. A.W.), 933 N.E.2d 909 (Ind. Ct. App. 2010) (duty to support can be nonmonetary; context matters for nonpayment situations)
- M.W. v. A.W. (In re N.W.), 941 N.E.2d 1042 (Ind. 2011) (recognizes reliance on nonmonetary duties; already appealed to allow nonmonetary support factors)