Goodyear v. Cecil County Department of Social Services

273 A.2d 644, 11 Md. App. 280, 1971 Md. App. LEXIS 429
CourtCourt of Special Appeals of Maryland
DecidedFebruary 17, 1971
DocketNo. 232
StatusPublished
Cited by7 cases

This text of 273 A.2d 644 (Goodyear v. Cecil County Department of Social Services) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodyear v. Cecil County Department of Social Services, 273 A.2d 644, 11 Md. App. 280, 1971 Md. App. LEXIS 429 (Md. Ct. App. 1971).

Opinion

Morton, J.,

delivered the opinion of the Court.

The Chancellor below, after a plenary hearing, granted the petition of the Cecil County Department of Social Services to be appointed guardian of three year-old Richard Lee Goodyear, with the right to consent to his adoption and the right to consent to long-term care short of adoption.

In this appeal, the natural parents, Harry Goodyear and Ethel Goodyear, his wife, vigorously urge this Court to reverse the decree on the ground that the Chancellor committed error in finding that their consent to the granting of the petition was withheld contrary to the best interests of the child.

The Department of Social Services brought the proceeding under the provisions of Md. Code, Art. 16, §72-74. Section 72 provides, in part, that “A petition for adoption * * * may be preceded by a petition for guardianship with the right to consent to adoption, and such guardianship decree [if granted] * * * shall terminate natural parental rights, [duties and obligations]1 and the duly appointed guardians consent to an adoption * * * shall eliminate the necessity of further notice to the natural parents * * Rule D 73 of the Maryland Rules of Procedure provides:

“A decree of adoption or guardianship with the right to consent to adoption shall not be entered until there has been filed in the proceeding the signed and verified consent required by law, or unless the Court shall have found after hearing that a consent required by law had been withheld contrary to the best interests of the child.”

[282]*282In the case at bar the “consent required by law”, referred to in the Rule, is governed by Md. Code, Art. 16, §74, which requires the consent of “both the natural parents, if married, if they are alive and have not lost their parental rights through court action or voluntary relinquishment or abandonment.”

The record before us reveals that at the time of Richard’s birth on April 22, 1966, Mrs. Goodyear was married to John Hicks whom she divorced on April 24, 1967. Several days later she married Harry Goodyear who subsequently executed an “Affidavit of Paternity” acknowledging that he was the natural father of Richard. During the span of her marriage to John Hicks, Mrs. Goodyear had eight children by him, five of whom are either married or over eighteen and three of whom are in the custody of John Hicks who has since remarried.

Mr. Goodyear, prior to his marriage to Mrs. Goodyear, had been twice married and divorced. The first marriage occurred when he was twenty years old and ended when he returned home from a two year tour of military duty overseas and found his wife with a seven months old child. The second marriage lasted 19 years and terminated when his wife obtained a divorce on the ground of adultery with the present Mrs. Goodyear which apparently resulted in the birth of Richard.

The sequence of events leading to the appellee’s petition for guardianship began March 17, 1967, when Richard was almost 11 months old. At that time the Juvenile Court of Cecil County found Richard to be a “neglected child” and committed him to the care of the Cecil County Department of Public Welfare (now the Cecil County Department of Social Services). The record reveals that this action was taken after the Department was notified by a former neighbor of the Goodyears that Richard had been left in her care by the Goodyears, and that she could no longer care for him. On April 28, 1967, Harry and Ethel were married and thereafter, on August 28, 1967, they filed a petition for the custody of their son. On December 1, 1967, Richard was returned to his parents [283]*283under the protective supervisory assistance of the Department of Social Services. This supervision was suspended on October 28, 1968, however, because Mrs. Goodyear left the State of Maryland with Richard. When Richard was returned to Maryland by his mother, another hearing was held and he was again found to be a neglected child. He was placed in a foster home in January 1969 and was still residing there at the time of the hearing below on January 15, 1970.

It is apparent from our reading of the record that the appellants did not “volunarily relinquish or abandon” their parental rights. Both parents expressed love for Richard and a desire to have him back in their home. They were, as the lower court described it, “reasonably faithful” in visiting Richard at the times provided for these visits and on numerous occasions contacted the social worker handling Richard’s case asking that they be allowed to see him more often. Moreover, the appellants are providing more than adequate financial support for their son and have bought him many gifts in addition to the regular support payments. Appellants have in no way evinced “a settled purpose to forego all parental duties and relinquish all parental claims to the child, and to renounce and forsake the child entirely” and, thus, have not forfeited or lost their parental rights by “abandonment” as contemplated by § 74 (b). See Logan v. Coup, 238 Md. 253, 258, and Ex Parte Johnson, 247 Md. 563.

As such, their consent is needed before the petition can be granted unless it is determined, as the lower court did here, that they are withholding their consent contrary to the best interests of the child. It is a well entrenched policy in this State in both custody and adoption cases that the interests of the child are paramount. Lippy v. Breidenstein, 249 Md. 415, 420. On the other hand, since the consequential loss to a natural parent in an adoption case is much more drastic than in a custody case, adoption will never be decreed over the objection of [284]*284a natural parent or parents unless that “course is clearly justified.” As the Court of Appeals stated in Walker v. Gardner, 221 Md. 280 at 284:

“Unlike awards of custody, however, adoption decrees cut the child off from the natural parent who is made a legal stranger to his off-spring. The consequences of this drastic and permanent severing of the strongest and basic natural ties and relationship have led the Legislature and this Court to make sure as far as possible, that adoption shall not be granted over parental objection unless that course is clearly justified. The welfare and best interest of the child must be weighed with great care against every just claim of an objecting parent.”

Professor John S. Strahorn in his article Adoption In Maryland, 7 Md. L. Rev. 275, after an extensive analysis of the cases, concluded that “the Court of Appeals has indicated that it will not permit trial courts to decree adoptions over the expressed objection of the natural parent or parents, save in very strong cases.”

The determination of whether or not parental consent is being withheld contrary to the best interests of the child necessarily depends on the facts of each particular case. It is evident, however, from a review of the numerous cases decided by the Court of Appeals, that “willful abandonment, failure to contribute to support, neglect to see or visit and unfitness of a natural parent are some of the more important factors” to be considered by a court in reaching its conclusion. Shetler v. Fink, 231 Md. 302.

In the case at bar, the lower court, apparently, based its finding that the appellants withheld their consent against the best interests of their child on the ground that they were unfit parents.

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Goodyear v. CECIL CO. DEP'T SOC. SERV.
273 A.2d 644 (Court of Special Appeals of Maryland, 1971)

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Bluebook (online)
273 A.2d 644, 11 Md. App. 280, 1971 Md. App. LEXIS 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodyear-v-cecil-county-department-of-social-services-mdctspecapp-1971.