Adoption of T.D.
2014 ME 36
| Me. | 2014Background
- Guardians appeal a Hancock County Probate Court judgment denying termination of the child Tobias D.'s biological father's parental rights and ordering transition to Indiana.
- Mother, living in Indiana, originally consented to guardianship/adoption but had implied the father was unknown.
- Father RM contested paternity; initial adjudication accepted him as biological father for purposes of the proceedings.
- DNA testing on remand confirmed RM as biological father; prior findings of unfitness were reconsidered.
- Probate Court held guardians failed to prove by clear and convincing evidence that RM was unfit to parent.
- Guardians appeal, challenging the fitness finding, GAL handling, and the transition plan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RM is unfit to parent Tobias D. | Guardians argue RM abandoned or failed to take responsibility. | RM asserted he can and will meet the child's needs. | Guardians failed to prove unfitness. |
| Whether GAL report/participation was properly considered. | GAL biased; investigations improperly handled. | GAL testimony credible and weightable. | GAL reliance upheld; guardians' challenge deemed harmless error. |
| Whether transition plan lacked necessary non-compliance provisions. | Plan should include non-compliance enforcement. | Non-compliance provisions not mandatory; contempt per Rule 66(d) possible. | No abuse; transition plan valid without non-compliance provision. |
Key Cases Cited
- Adoption of Tobias D., 40 A.3d 990 (Me. 2012) (remand for DNA; caution on relying on finances for fitness)
- Baillargeon v. Estate of Daigle, 8 A.3d 709 (Me. 2010) (clear-and-convincing standard; review of record essential)
- Dyer v. Superintendent of Ins., 69 A.3d 416 (Me. 2013) (credibility determinations left to fact-finder)
- Pelletier v. Pelletier, 36 A.3d 903 (Me. 2012) (witness credibility; weight of GAL testimony)
- Shaw v. Packard, 886 A.2d 1287 (Me. 2005) (Rule 61 harmless error; evidentiary challenges)
- Lily T. Adoption, 997 A.2d 722 (Me. 2010) (incarceration not alone abandonment; focus on efforts to maintain relationship)