In Re The Adoption of S.W. Thomas West v. Ronnie D. Sedberry and Sondra A. Sedberry
2012 Ind. App. LEXIS 499
| Ind. Ct. App. | 2012Background
- S.W. born March 2000 to Paige Pettit Kelly; West acknowledged paternity via affidavit.
- Mother incarcerated from 2000; Sedberrys appointed her guardians in May 2001 and care for S.W.
- No child-support order ever entered; West provided no financial support.
- West visited few times 2000–2002, often failing to appear and later did not contact the guardians.
- Sedberrys filed petition to adopt S.W. on April 7, 2011, seeking to dispense with West’s consent based on lack of communication, unfitness, and best interests.
- Trial court held an evidentiary hearing, found lack of significant communication for over a year, West unfit, and granted the adoption; West appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consent is dispensed due to failure to communicate for one year | West | Sedberrys | Consent dispensed by court |
| Burden of proof for adoption without consent | Sedberrys | West | Clear and convincing standard governs all subsections |
| Whether trial court properly found lack of significant communication | Sedberrys | West | No significant communication for over one year established |
| Whether unfitness and best interests justify dispensing with consent | Sedberrys | West | Court may dispense with consent based on unfitness and best interests |
Key Cases Cited
- In re Adoption of A.S., 912 N.E.2d 840 (Ind. Ct. App. 2009) (burden and standards for adoption without consent)
- In re Adoption of M.A.S., 815 N.E.2d 216 (Ind. Ct. App. 2004) (clear and convincing evidence burden across 31-19-9-8)
- In re Adoption of J.P., 713 N.E.2d 873 (Ind. Ct. App. 1999) (significance of non-custodial parent communication)
- In re Adoption of D.C., 928 N.E.2d 602 (Ind. Ct. App. 2010) (statutory bases for dispensing with consent are disjunctive)
- In re Adoption of H.N.P.G., 878 N.E.2d 900 (Ind. Ct. App. 2008) (burden-alignment with post-2003 amendments)
- Castro v. State Office of Family and Children, 842 N.E.2d 367 (Ind. Ct. App. 2006) (criminal activity affects parental relationships)