Adoption of M.D.L. v. D.L.

682 S.W.2d 886
CourtMissouri Court of Appeals
DecidedDecember 18, 1984
DocketNo. WD 35537
StatusPublished
Cited by13 cases

This text of 682 S.W.2d 886 (Adoption of M.D.L. v. D.L.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adoption of M.D.L. v. D.L., 682 S.W.2d 886 (Mo. Ct. App. 1984).

Opinion

BERREY, Judge.

Petitioners-respondents sought adoption of M.D.L. The natural mother consented to the adoption but the natural father D.L., an inmate at Central Missouri Correctional Center in Jefferson City, Missouri, objected.

In a very complete finding the trial court held that the father had wilfully abandoned and neglected the child for more than six months prior to the filing of the adoption. The court also found D.L. had wilfully failed to maintain a parent-child relationship with M.D.L. from October, 1981, through September 29, 1983. The court further found that the petitioners-respondents are suitable adoptive parents and that it is in the best interest of M.D.L. that the adoption take place.

Appellant, D.L., assigns two points of error: (1) that there was no substantial evidence that he wilfully abandoned or wil-fully substantially and continuously neglected to provide the child with care and protection for six months prior to the petition being filed, and (2) that the appellant had a continuous intent to maintain his parental relationship with his daughter and the judgment was against the weight of the evidence which established this claim.

On July 10, 1981, D.L. was convicted of “stealing by physically taking from a person” and was sentenced to the Missouri Department of Corrections for seven years. He was placed on parole December 21, 1982. D.L. was in Kansas City during the thirty days he was on parole. First he lived at a NARA Residential Treatment Center, 712 East Linwood, Kansas City, Missouri. He stayed at the half-way house seven days and absconded. D.L. was subsequently arrested for parole violation on January 22, 1983, and administratively revoked March 23, 1983.

According to Judy Chase, Assistant District Supervisor of the Missouri State Department of Probation and Parole, “He had at least three criminal convictions prior to that time, and at least three traffic matters.” Subsequent interrogation of the witness revealed only two prior convictions, one for assault on a police officer and the other for destruction of property.

Tom Schroeder, a case worker with Missouri Division of Family Services testified that M.D.L. was born November 5, 1978, and she was first detained by the Division of Family Services August 15, 1980. She was adjudicated and placed in foster care October 16, 1980. On April 3, 1982, she was transferred to foster care with the petitioners.

Petitioners filed for adoption on February 15, 1983; six months prior would have been August 15, 1982. Schroeder testified that during the six month period, he had no contact with appellant D.L., that D.L. sent no money to the Department of Family Services or directly to M.D.L., and that he sent no gifts, cards or letters to M.D.L. In [888]*888fact, the last visit D.L. made with M.D.L. according to the Department of Family Services records was January 16, 1981. D.L. did send her a birthday card received by Department of Family Services on November 2,1981, and a Christmas gift for her on December 3, 1981. There were no letters or gifts since Christmas 1981. Since the filing of the petition February 15, 1983, D.L. made no effort to contact Department of Family Services or M.D.L.

Mr. Schroeder further testified on October 5,1981, he sent D.L. a letter explaining who he was, how to reach him, his address, telephone number and a hand book for natural parents regarding their rights and responsibilities while his child was in foster care. D.L. was also informed:

That he needed to write to us and ask about M.D.L.’s health and behavior and progress on a regular basis, and that he should write M.D.L. or send her cards on her birthday or holidays by addressing them to her in care of me. And that he should contribute to her support by — .

In whatever amount that he can manage. D.L. replied on October 12, 1981, that he could send no money but that he would send birthday cards and presents.

Schroeder wrote D.L. on October 19, 1981, and informed him about M.D.L. and D.L. responded October 25, 1981. On December 8,1981, Division of Family Services advised D.L. they had received and forwarded to M.D.L. the birthday card and that the Christmas present would be given to her in two weeks. On April 2, 1982, Division of Family Services sent D.L. a letter summarizing the previous events to which they received no response. On August 5, 1982, the Department of Family Services again wrote D.L. advising him they expected him to contact them once a month to inquire about M.D.L. There was no response. On November 9, 1982, Department of Family Services wrote D.L. again advising him that they “were attempting to make some permanent plans for M.D.L. and needed to know what his present plans for her were. And I asked him to write me.” He did not respond.

According to Schroeder, D.L. made no contact with him or the Department of Family Services during the thirty days he was on parole in the Kansas City area, in fact, Schroeder was not aware of the parole until March, 1983.

Mr. Schroeder of the Division of Family Services recommended final adoption custody in petitioners and that the court find abandonment or neglect. The Division of Family Services advised that M.D.L. has made a very good adjustment in that home.

Sharon Anderson, a social service worker in foster care of the Missouri Division of Family Services was assigned as the foster care worker for M.D.L. and had been on the case since October, 1981. She testified D.L. had made no contact with her regarding visits with M.D.L. and he had not visited M.D.L. since she was assigned the case. She received no gifts, cards or letters from D.L. to be given to M.D.L. from August 15, 1982, to February 15,1983. Anderson stated that M.D.L. had made a good adjustment and it would be in M.D.L.’s best interest that the petitioners be granted the adoption.

Petitioner L.R.C. testified there had been no visitation between D.L. and M.D.L. while M.D.L. had been in their custody since April, 1982, that there had been no letters, cards, presents, or money, sent to M.D.L. directly or through the Division of Family Services from D.L.

This court reviews both the law and the evidence and will defer to the trial court the opportunity to judge the credibility of witnesses and choose between conflicting testimony. Matter of Adoption of G., 618 S.W.2d 462, 464 (Mo.App.1981). Rule 73.01(c)(3).

The decree of adoption is to be sustained unless there is no substantial evidence supporting it, it is against the weight of the evidence or it erroneously applies the law. Matter of Adoption of Pearson, 612 S.W.2d 30, 31 (Mo.App.1981).

Each case must be judged on its own unique set of facts, S.C.H. v. C.W.H., 587 S.W.2d 945, 947 (Mo.App.1979), and only after determining there has been a [889]*889wilful abandonment or wilful neglect will the issue of the child’s best interest be reached. In re Adoption of W.B.L., 647 S.W.2d 531, 533-34 (Mo. banc 1983), citing

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Bluebook (online)
682 S.W.2d 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adoption-of-mdl-v-dl-moctapp-1984.