DLH v. JLA
2012 WY 132
| Wyo. | 2012Background
- DLH challenges district court adoption order granting JJA’s adoption of AMP without his consent; AMP born 2007; paternity established 2009 with support order $259/month; DLH stopped paying January 2010; DLH joined Air Force 2011; petition for adoption filed March 4, 2011; DLH served April 6, 2011 with $5,064.68 arrears notice and 60-day deadline to cure; final decree of adoption entered June 16, 2011; motion to set aside granted September 19, 2011; trial held February 17, 2012; district court found willful nonpayment and failure to cure within 60 days; final decree affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court abused its discretion granting adoption without consent. | JJA and JLA argue willful failure to pay for one year supports waiver of consent. | DLH argues nonpayment was not willful and arrearages could have been cured. | No abuse; evidence supports willful nonpayment and failure to cure. |
Key Cases Cited
- In re RMS, 253 P.3d 149 (Wy. 2011) (willful nonpayment standard and deference to district court credibility findings)
- In re TLC, 46 P.3d 863 (Wy. 2002) (interpretation of willfulness; distinctions in statutory subsections)
- MJH v. AV (In re JRH), 138 P.3d 683 (Wy. 2006) (strict construction of parental rights in adoption without consent)