In the Matter of the Adoption of M.S. C.L.S. v. A.L.S.
10 N.E.3d 1272
| Ind. Ct. App. | 2014Background
- Mother appeals a trial court order granting Stepmother's petition to adopt M.S., a child born in 2003.
- Custody initially with Father after divorce court findings in 2009 due to Mother's drug use; Mother's visitation limited to CAPS and eventually discontinued.
- Mother completed some court-ordered services but did not consistently engage in treatment and did not resume contact with M.S.
- Grandmother provided financial support to Mother, purchasing a home and funding debts; Mother lived in Grandmother's properties and worked for Grandmother's business at times.
- Mother had a history of criminal conduct and probation violations, with periods of incarceration/monitoring culminating in completion in 2012.
- Stepmother filed for adoption in December 2011; trial court found Mother's consent unnecessary for two statutory reasons and adopted the child as in MS's best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggregation of missed support determines a year under §31-19-9-8 | Mother argues year must be calendar-based and not aggregated arrears. | Stepmother contends any period with obligation and failure to pay counts as a year. | Year determined by obligation period; aggregate arrears show over a year. |
| Whether Mother had the ability to pay but chose not to | Mother asserts she could not pay due to medical issues and loss of business. | Court found Mother had steady employment and resources to pay, despite hardships. | Court correctly found insufficient ability to pay; however, evidence supports that she failed to provide for MS when able. |
| Whether failure to communicate with M.S. can excuse consent under §31-19-9-8 | Mother claims communication was prevented by court orders and circumstances. | Court found lack of communication was due to Mother's own choices. | Not necessary to address as other grounds support non-consent; court did not rely solely on communication. |
| Whether Stepmother's adoption is in M.S.'s best interests | Mother contends best interests factors are not satisfied by Stepmother's care. | Stepmother provides stable, caring environment; M.S. thriving; guardian ad litem supports adoption. | Adoption in MS's best interests; grant affirmed. |
Key Cases Cited
- In re Adoption of J.T.A., 988 N.E.2d 1250 (Ind. Ct. App. 2013) (relevant time period for support is any year with obligation and failure to provide)
- In re Adoption of Infants Reynard, 251 N.E.2d 413 (Ind. 1969) (one-year standard not strictly applied; 'token' payments insufficient)
- In re Adoption of K.S., 980 N.E.2d 385 (Ind. Ct. App. 2012) (guardians ad litem and best interests considerations in adoption)
- In re Adoption of M.L., 973 N.E.2d 1216 (Ind. Ct. App. 2012) (best interests and deference to trial court in adoption context)