Matter of the Adoption of Z.N.F.
2013 SD 97
| S.D. | 2013Background
- D.L.F. (Father) appeals waivers of his consent to a stepparent adoption of Z.N.F., and the adoption order itself.
- Z.N.F. (born 2002) is the child of Father and M.M. (Mother); they divorced in Oregon, with Mother retaining sole custody and Father minimal supervised visitation.
- Mother moved with Z.N.F. to Colorado in 2009 and then to Rapid City, SD, concealing whereabouts from Father; restraining orders existed against Father in Oregon but did not restrict contact with Z.N.F.
- Father failed to pay court-ordered child support starting 2009, accumulating a substantial arrearage, while earning varying incomes (notably 2010–2011 in the low tens of thousands).
- Mother and Stepfather petitioned in 2011 to waive Father's consent and terminate his rights, seeking adoption; the circuit court bifurcated the proceedings, first ruling on waiver, then on adoption.
- Trial court found abandonment, continuous neglect, and willful failure to pay child support, leading to waiver of consent and ultimately termination of Father’s rights in favor of Stepfather.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there abandonment to waive consent under SDCL 25-6-4(2)? | Father abandoned Z.N.F. through lack of contact and support. | Mother's concealment impeded contact but does not excuse lack of effort. | No clear error; abandonment supported. |
| Was there continuous neglect to waive consent under SDCL 25-6-4(3)? | Father continuously neglected Z.N.F. since 2009. | Mother's actions and circumstances were not dispositive of Father’s conduct. | Not clearly erroneous; continuous neglect established. |
| Was there willful failure to pay child support to waive consent under SDCL 25-6-4(4)? | Father willfully neglected to provide support despite ability to pay. | Financial hardship and concealment excuses; no willful default. | Not clearly erroneous; willful nonpayment established. |
| Did the court adequately consider the child’s best interests when waiving consent and approving adoption? | Best interests should be considered at waiver stage. | Court properly addressed best interests after waiver and again in adoption stage. | Yes; the court’s bifurcated procedure complied with SDCL 25-6-4. |
Key Cases Cited
- In re Guardianship of S.M.N., 2010 S.D. 31 (2010) (natural-parent rights engaged; abandonment and best interests framework)
- Troxel v. Granville, 530 U.S. 57 (2000) (fundamental parental rights)
- C.D.B., 2005 S.D. 115 (2005) (abandonment and best interests framework for adoption waivers)
- T.E.L.S., 2007 S.D. 50 (2007) (standard for abandonment and parental rights termination)
- In re Adoption of Sichmeller, 378 N.W.2d 872 (S.D. 1985) (factors for abandonment considerations)