MMM v. AMMJ (In re MMM), 419 P.3d 490

MMM born 2008 to unmarried parents; Mother has long-term drug addiction with repeated incarceration and treatment; MMM has primarily lived with Father and Stepmother since 2012.
January 2013 joint custody order gave Father primary physical custody, limited telephone visitation for Mother, and set Mother's child support at $50/month (modifiable after six months); Mother never sought modification.
From the order date until the adoption petition filing Mother was incarcerated or in inpatient treatment except for a nine-month period (Jan–Oct 2016) and a brief four-day period; her contact with MMM was sporadic (phone calls and letters) and Father/Stepmother sometimes restricted contact.
Mother made one $50 child support payment in January 2013 and no other documented payments; she earned minimal income while not incarcerated and some small prison wages; she received some unquantified gifts from her grandmother.
Father and Stepmother petitioned to allow Stepmother to adopt MMM without Mother's consent, alleging (1) willful abandonment and (2) willful failure to pay court-ordered child support; the district court denied the petition for lack of clear and convincing proof, and this appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Mother willfully abandoned MMM under Wyo. Stat. § 1-22-110(a)(iii)	Mother's prolonged absence, sporadic contact, and cessation of contact in 2016 show intent to sever parental relationship	Mother's inconsistent contact resulted from incarceration, treatment, work schedules, and restrictions by Father; she attempted contact when able	District court did not abuse discretion; no clear and convincing evidence of willful abandonment
Whether Mother willfully failed to pay child support under § 1-22-110(a)(iv)/(ix)	Mother earned some income and received gifts yet made virtually no payments, so failure to pay was willful	Mother lacked ability to pay for most of the period (incarceration, minimal earnings); Father’s reassurance that payments were not necessary bears on intent	District court did not abuse discretion; willfulness not proven by clear and convincing evidence

In re Adoption of TLC, 46 P.3d 863 (Wyo. 2002) (incarcerated parent's monthly calls and letters can show efforts to maintain contact and negate abandonment)
In re Adoption of RMS, 253 P.3d 149 (Wyo. 2011) (failure to seek employment or apply available means to pay child support can demonstrate willfulness)
In re Adoption of AMP, 286 P.3d 746 (Wyo. 2012) (credibility and lack of reasonable efforts to obtain income relevant to willful nonpayment)
In re Adoption of ADA, 132 P.3d 196 (Wyo. 2006) (willfulness turns on intent and ability to pay; incapacity may excuse nonpayment)
Matter of Adoption of CCT, 640 P.2d 73 (Wyo. 1982) (parent with earnings during non‑confined periods who made no payments may be found willful)
In re Adoption of Voss, 550 P.2d 481 (Wyo. 1976) (abandonment requires intent to forego parental duties; more than temporary neglect)