In Re the Adoption of L.B. (Minor Child) M.B. v. N.W. (mem. dec.)
82A01-1706-AD-1274
| Ind. Ct. App. | Nov 7, 2017Background
- Child L.B. born March 11, 2013; Father (M.B.) signed a paternity affidavit. Mother later married Stepfather (N.W.), who petitioned to adopt the child.
- In Jan 2014 Father physically assaulted Mother and was criminally charged; a no-contact order followed. Father intermittently paid court-ordered child support.
- Father saw the child from March–July 2014; after losing his job and later being incarcerated, Father’s contact with the child ceased. Father sent a letter to the child while incarcerated.
- From Aug 2015–Aug 2016 Father made limited contacts: a few Facebook messages to Mother (Nov 4, 2015 and Jan 2016) but no direct significant communication with the child. Father attempted some outreach (calls, texts, inquiry about supervised visitation) but largely did not pursue court-ordered parenting time until Sept 2016.
- Stepfather filed to adopt; Father objected. The trial court found Father’s consent unnecessary under the statute for a parent who fails without justifiable cause to significantly communicate with the child for at least one year, and granted the adoption. Father appealed.
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (Stepfather) | Held |
|---|---|---|---|
| Whether Father’s written consent to adoption was required | Father contends Mother thwarted his efforts to communicate; his limited contacts were justified and not effectively significant | Stepfather argues Father failed without justifiable cause to significantly communicate for at least one year, so consent not required | Court held Father’s consent was unnecessary: Father lacked justifiable cause for the >1 year period of no significant communication, so adoption could proceed without consent |
Key Cases Cited
- In re Adoption of O.R., 16 N.E.3d 965 (Ind. 2014) (presumption of correctness for trial court adoption decisions and standard of appellate review)
- In re Adoption of T.L., 4 N.E.3d 658 (Ind. 2014) (standard for reviewing findings and conclusions in adoption cases)
- In re Adoption of T.W., 859 N.E.2d 1215 (Ind. Ct. App. 2006) (two-tiered review when trial court issues findings and conclusions)
- Rust v. Lawson, 714 N.E.2d 769 (Ind. Ct. App. 1999) (statutory exception to parental consent when parent fails without justifiable cause to significantly communicate for one year; single significant communication defeats exception)
- D.D. v. D.P., 8 N.E.3d 217 (Ind. Ct. App. 2014) (example where custodial parent’s conduct justified father’s lack of direct communication and supported a finding of justifiable cause)