R.J.G., the Biological Father v. J.A.B., 2024-CA-1144

R.J.G. (Father) appealed the termination of his parental rights and the adoption of his minor child, O.M.W.B., by the child's maternal great-grandmother and her husband (the appellees).
The child had been in the custody of the appellees since early 2017; Father’s paternity was established in 2018, but he had little to no contact or support for the child.
Father's attempts at visitation were brief and ended after he missed scheduled visits in 2021; he did not resume efforts to see or support the child.
In 2023, the appellees sought to adopt the child without Father’s consent, arguing his persistent failure to provide care or support.
Father was appointed counsel for the proceedings, but counsel filed an Anders brief (asserting the appeal had no merit) and was allowed to withdraw. Father did not file a pro se brief.
The family court terminated Father’s rights after finding by clear and convincing evidence that statutory grounds under KRS 199.470 and 199.502 were met, and this appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the statutory grounds for adoption without consent under KRS 199.502 were met	Father claimed factors do not apply; cited brief incarceration and lack of info on child’s location	Appellees argued Father failed to support or parent the child for an extended period	Statutory grounds met; father’s failures sufficient for termination
Whether Father’s due process rights and parental rights were properly considered	Claimed lack of opportunity and Petitioners’ age as concern for best interest	Petitioners showed consistent care, stability, and close parental relationship	No due process violation; best interests favor adoption
Whether the family court followed the correct legal standards and procedures for termination/adoption	Father cited the wrong statute (KRS 625.090)	Appellees invoked correct statutes under KRS 199.470 and 199.502	Court applied correct law and procedures
Whether there was clear and convincing evidence supporting termination and adoption	Denied abandonment and incapacity; offered excuses	Provided evidence of Father’s long absence and lack of support	Clear and convincing evidence supports termination and adoption

Cabinet for Health & Fam. Servs. v. T.N.H., 302 S.W.3d 658 (Ky. 2010) (sets standard of review for termination of parental rights orders)
Day v. Day, 937 S.W.2d 717 (Ky. 1997) (reinforces strict compliance for statutory adoptions to protect parents’ rights)
B.L. v. J.S., 434 S.W.3d 61 (Ky. App. 2014) (establishes requirements for familial relationship in standing to adopt)
C.J. v. M.S., 572 S.W.3d 492 (Ky. App. 2019) (details appellate process for review of Anders brief appeals in parental termination context)
Cabinet for Health & Fam. Servs. v. K.H., 423 S.W.3d 204 (Ky. 2014) (deference to family court’s factual findings in parental termination)