In Re Adoption of MB, 944 N.E.2d 73

Stepfather petitioned to adopt M.B. without the natural father's consent under Indiana Code §31-19-9-8.
Natural father, Ja.B., had intermittent employment and did not pay court-ordered support; he had significant parenting time early on.
Mother began dating Stepfather in late 2007; Mother and Stepfather married in 2008.
Father provided substantial non-monetary parenting time early on and pursued paternity action in September 2009.
Mother limited Father’s parenting time over time and no court order for child support existed.
Trial court denied Stepfather’s petition; court concluded Father did not fail to provide support as required by §31-19-9-8(a)(2); Stepfather appealed, and the Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Father's consent was necessary under §31-19-9-8(a)(2)	Stepfather argues Father failed to provide support for at least one year.	Father contends he provided support through parenting time and that a lack of monetary support does not negate §31-19-9-8(a)(2).	No; Father provided substantive support; petition denied.

Boone v. Boone, 924 N.E.2d 649 (Ind. Ct. App. 2010) (common law duty to support despite no court order)
M.A.S. v. Murray, 815 N.E.2d 216 (Ind. Ct. App. 2004) (burden in §31-19-9-8 adoption cases is clear and convincing where applicable)
McElvain v. Hite, 800 N.E.2d 947 (Ind. Ct. App. 2003) (discusses burden under §31-19-9-8; earlier indubitable standard questioned)
In re Augustyniak, 505 N.E.2d 868 (Ind. App. 1987) (historical higher burden for adoption without consent)
M.W. v. A.W. (In re N.W.), 933 N.E.2d 909 (Ind. Ct. App. 2010) (nonmonetary contributions can constitute support)