In Re Adoption of Rms
2011 WY 78
| Wyo. | 2011Background
- RMS, a minor, is the subject of a contested adoption where the biological mother EOS appeals a district court decision allowing the adoption to proceed without her consent due to a willful failure to pay child support for one year prior to the petition.
- Father JLS and Stepmother RS filed a petition to adopt RMS on March 2, 2010, asserting consent could be dispensed with under Wyoming statute § 1-22-110(a)(iv) because EOS willfully failed to support RMS for a year and was in arrears.
- EOS admitted nonpayment and did not bring current after service of the petition; at filing EOS was over $5,000 in arrears; she claimed unemployment and lack of ability to pay.
- The district court found, by clear and convincing evidence, that EOS willfully failed to support RMS and thus the petition could proceed without EOS’s consent.
- EOS appealed contending the evidence did not show willfulness; the district court’s ruling was reviewed for abuse of discretion.
- The Wyoming Supreme Court affirmed the district court’s decision, upholding the termination of EOS’s parental rights for willful nonpayment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the district court’s decision to dispense with EOS’s consent an abuse of discretion? | EOS argues nonpayment was not willful due to unemployment. | Father and Stepmother argued the evidence showed willful nonpayment. | No; adoption without consent affirmed based on willful nonpayment evidentiary standard. |
Key Cases Cited
- TF v. Dep't of Family Servs., 2005 WY 118, 120 P.3d 992 (Wy. 2005) (establishes elements for adoption without consent and willfulness standard)
- MJH v. AV, 2006 WY 89, 138 P.3d 683 (Wy. 2006) (abuse of discretion standard in adoption cases; evidentiary review)
- CJ v. SA, 2006 WY 49, 132 P.3d 196 (Wy. 2006) (willfulness appears in both subsections of § 1-22-110(a) and requires clear and convincing evidence)
- TOC v. TND, 2002 WY 76, 46 P.3d 863 (Wy. 2002) (discusses distinction between able but unwilling and unable to pay child support; willfulness element)
- CJH, 778 P.2d 124 (Wy. 1989) (defines willfulness in adoption context as a high-probability showing of intent or conscious disregard)