In Re the Adoption of J. Q. P., 2017 SD 67

Mother (K.H.) and Father (G.L.P.) are the biological parents of J.Q.P.; Mother later married Stepfather and sought a stepparent adoption removing Father's consent requirement.
Father suffered severe burn injuries in 2008 requiring extended treatment, limiting his ability to work and live in Spearfish; Mother demanded he leave the home in Nov. 2008.
Mother proposed restrictive supervised-visitation terms in 2009 (employment, drug tests, independent residence, counseling); Father rejected those terms and moved to Colome (a four-hour drive) to recover.
Father made intermittent efforts to contact Mother and seek visitation (including supervised visits in 2009, texts, a 2013 birthday card, and later retaining counsel in 2016); Mother repeatedly blocked his numbers, denied visits, and warned she would contact law enforcement if he persisted.
Mother and Stepfather petitioned for stepparent adoption in 2016, asserting Father's consent was unnecessary due to abandonment; the circuit court found Petitioners failed to prove abandonment by clear and convincing evidence and denied the adoption.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Father's consent to stepparent adoption can be excused for abandonment under SDCL 25-6-4(2)	Petitioners: Father abandoned J.Q.P. by not maintaining contact for over six years, showing intent to relinquish parental obligations	Father: Lack of contact resulted from injury, displacement, and Mother’s actions (blocking contact, imposing unrealistic conditions); he intended a relationship and paid child support	Court: No abandonment — record shows Father sought relationship but was thwarted by Mother; Petitioners failed to prove intent to abandon by clear and convincing evidence

In re Adoption of Z.N.F., 841 N.W.2d 460 (2013 S.D. 97) (defines abandonment standard and requires clear and convincing evidence of intent to relinquish parental obligations)