In re J.C.F.
2013 D.C. App. LEXIS 502
| D.C. | 2013Background
- Father (J.A.C.) opposed adoption of his son S.L.Z. by step-father (J.C.F.) and mother (H.A.Z.); trial court waived father's consent and granted adoption; father appealed.
- Extensive domestic violence by father against mother during and after pregnancy; criminal conviction for assault and a civil protection order later extended to bar visitation.
- Father had long-term gambling addiction, criminal conduct (theft, forgery, fraud), unstable employment, minimal child support payments, and limited/erratic contact with the child.
- Mother and step-father married and formed an integrated, stable family; step-father acted as primary father-figure since the child was 17 months old and the child calls him "daddy."
- Trial court found father not credible, unfit, and concluded by clear and convincing evidence that father withheld consent contrary to the child's best interests; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (J.A.C.) | Defendant's Argument (J.C.F. / H.A.Z.) | Held |
|---|---|---|---|
| Whether father's consent could be waived under D.C. Code §16-304(e) because withholding consent was contrary to child's best interests | Adoption provided no benefit; child already had stable home with mother so waiver unnecessary | Father’s instability, violence, addiction, lack of support, and weak bond with child show withholding consent harms child’s need for stability and continuity | Waiver proper: clear and convincing evidence supported finding consent withheld contrary to child's best interests |
| Application of §16-2353(b) best-interest factors (continuity/stability) | Child's stability unaffected because mother already had custody | Step-father provides stability, continuity, and permanent parental role that father cannot provide | Factor favors adoption: step-father and mother provide stable, permanent home |
| Application of §16-2353(b) best-interest factors (physical/mental/emotional health) | Father contends adoption not beneficial to child's emotional needs | Father’s mental-health diagnoses, addiction, dishonesty, violence, and criminality endanger child's welfare; step-parents meet child’s needs | Factor favors adoption: child’s needs better met by mother and step-father |
| Child’s relationship/preference and quality of interaction | Father argues all parties love child and interactions would remain similar without adoption | Father’s interactions were sporadic, neglectful, sometimes dangerous; child is bonded to step-father | Factor favors adoption: quality of relationship stronger with mother and step-father; child attached to step-father |
Key Cases Cited
- In re C.L.O., 41 A.3d 502 (D.C. 2012) (clear-and-convincing standard and appellate review of adoption-consent waiver)
- In re P.S., 797 A.2d 1219 (D.C. 2002) (weighing §16-2353(b) factors in consent-waiver determinations)
- Santosky v. Kramer, 455 U.S. 745 (1982) (constitutional standard for parental-rights termination requires clear and convincing evidence)
- In re C.A.B., 4 A.3d 890 (D.C. 2010) (consideration of emotional needs and attachment in best-interest analysis)
- Application of L.L., 653 A.2d 873 (D.C. 1995) (deference to trial court factual findings absent clear error)
- In re E.H., 718 A.2d 162 (D.C. 1998) (appellate courts may not reassess witness credibility where trial court observed demeanor)