K.B.C. v. K.J.C., 877 N.W.2d 62

D.V.T., biological father, appeals a district court decree terminating his parental rights and granting a step-parent adoption.
Child K.J.C. was born in 2011; mother K.B.C. married stepfather B.J.C. in 2014.
Mother and stepfather petitioned for termination of the father’s rights and for the stepfather to adopt on January 23, 2015.
December 7, 2015 hearing: district court found abandonment and that the father’s consent was not required; adoption deemed in the child’s best interests.
December 8, 2015 final decree: order stated consent was obtained or excused; no one claimed to be the natural father; the record later showed the father did appear and oppose.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether abandonment finding supports termination	D.V.T. argues he did not abandon the child	Petitioners contend abandonment proven by lack of contact and support	Abandonment proven by clear and convincing evidence
Whether the father’s consent was not required	D.V.T. argues consent should be required	Consent not required due to abandonment under NDCC §14-15-06(1)	Consent not required
Whether the court’s misstatement about absence of appearance requires reversal	Record shows father appeared and objected	Written order erred; this did not affect the outcome	Error in recording appearance; final decree modified but not reversed

In re Adoption of S.R.F., 2004 ND 150 (ND 2004) (abandonment factors and intent may be inferred from conduct)
In re Adoption of I.R.R., 2013 ND 211 (ND 2013) (noncustodial parent must continue to pursue relationship; casual interest insufficient)
H.G.C., 2009 ND 19 (ND 2009) (abandonment requires more than biological connection; conduct matters)
A.M.B., 514 N.W.2d 670 (ND 1994) (failure to support considered in abandonment analysis)
In re Adoption of A.M.B., 514 N.W.2d 670 (ND 1994) (noncustodial parent’s lack of support weighed in termination)