In Re Adoption of M.A.R.

2009 OK CIV APP 103, 229 P.3d 545, 2009 Okla. Civ. App. LEXIS 111
CourtCourt of Civil Appeals of Oklahoma
DecidedOctober 20, 2009
DocketNo. 106,648
StatusPublished
Cited by2 cases

This text of 2009 OK CIV APP 103 (In Re Adoption of M.A.R.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Adoption of M.A.R., 2009 OK CIV APP 103, 229 P.3d 545, 2009 Okla. Civ. App. LEXIS 111 (Okla. Ct. App. 2009).

Opinion

DEBORAH B. BARNES, Presiding Judge.

T1 Jeffrey Price Rodgers (Father), the natural father of the minor children M.A.R. and CAR. (Children), appeals the trial court's Order filed on November 7, 2008, declaring Children eligible for adoption without Father's consent. We reverse and remand with instructions.1

[547]*547FACTS AND PROCEDURAL BACKGROUND

T2 Father and Nancy Pierce (Mother) were divorced in 2002. The decree of divoree granted custody of Children to Mother2 and ordered Father to pay, during the time period relevant to this appeal,3 $433 a month for child support. Father was also granted visitation rights of "every other weekend." 4

3 In September of 2003, Mother married Christopher Pierce (Stepfather) and, on April 27, 2007, Stepfather and Mother filed a Petition for Adoption Without Consent. Pursuant to the statute in effect at the time the Petition was filed, 10 O.S.2001 § 7505-4.2,5 Mother and Stepfather argue that adoption of Children should proceed without the consent of Father because he has willfully failed, refused or neglected to contribute to the support of Children in substantial compliance with the terms of the divorce decree, and he has failed to establish and/or maintain a substantial and positive relationship with Children, both for a period of 12 consecutive months out of the last 14 preceding the filing of the petition for Adoption.6 See 10 O.S. 2001 §§ 7505-4.2(B)(1), 7505-4.2(H).7

{4 On June 16, 2008, Father filed, pro seg, a Motion of Response to Adoption Proceeding 8 in which Father stated that he did "NOT Consent to the petition for adoption," and argued he had "[paid] child support in the past 12 months." He further argued that he had "maintained a parent relationship with both daughters," and that Mother's failure to comply with the divorcee decree order on visitation had forced him to file a motion to enforce his visitation rights in March of 2007.

15 After an evidentiary hearing, the trial court, in its Order filed on November 7, 2008, found, in relevant part: (1) that Father willfully failed, refused, or neglected to substantially comply with the child support order for 12 consecutive months during the relevant 14-month period "despite the child support tendered during that time," (2) that Father failed to establish and/or maintain a substantial and positive relationship with Children for 12 consecutive months during the relevant 14-month period, and (8) that Father's single motion in March of 2007 to enforce his visitation rights during the relevant 14-month period "does not constitute sufficient legal action to establish and/or maintain a substantial and positive relationship with [Children]" under 10 O.8.2001 § 7505-4.2(H)(2). The trial court found, therefore, that the adoption proceedings should continue without Father's consent.

T 6 From this Order, Father appeals.

STANDARD OF REVIEW

17 "Because adoption without parental consent effects a termination of parental rights, the magnitude of the rights involved requires proof that is clear and convincing." In the Matter of the Adoption of C.R.B., 1999 OK CIV APP 104, ¶ 5, 990 P.2d 316, 318. (Citations omitted.) "The burden is on the party seeking to adopt without consent to prove such adoption is warranted by clear and convincing evi[548]*548dence." In the Matter of the Adoption of C.D.M., 2001 OK 103, ¶ 13, 39 P.3d 802, 807. (Footnote omitted.) "Accordingly, the decision of the trial court will not be disturbed unless it fails to rest on clear and convine-ing evidence." Id. (Footnote omitted.)

18 This Court will examine issues of fact under a "clear and convincing" standard and issues of law de novo, without deference to the trial court's judgment. In the Matter of the Adoption of J.N.K., 2000 OK CIV APP 132, 15 P.3d 521.

ANALYSIS

19 "The law presumes that consent of a child's natural parents is necessary before an adoption may be effected." In the Matter of the Adoption of C.D.M., 2001 OK 103, ¶ 13, 39 P.3d 802, 807. (Footnote omitted.) The statutory sections confronted in this case, however, allow an adoption to proceed without a natural parent's consent under certain conditions. In construing the specific language of these statutory sections and applying them to this appeal, we are guided by the following principles:

It is well-settled that adoption statutes must be strictly construed. Strict construction favors the rights of natural parents when the controversy is with one who seeks to destroy the parental status. Parents have a fundamental, constitutionally-protected interest in the continuity of the legal bond between themselves and their children. The integrity of familial status is a value to be regarded with great solicitude.

In the Matter of the Adoption of V.A.J., 1983 OK 23, ¶ 6, 660 P.2d 139, 141. (Footnotes omitted.)

I. Title 10 0.8.2001 § 7505-4.2(B)(1)

10 The trial court found, pursuant to 10 ©.S.2001 § 7505-4.2(B)(1), that Father willfully failed, refused, or neglected to substantially comply with the child support order during the relevant period "despite the child support tendered during that time." Father claims, however, that his partial compliance with the child support order and/or his brief incarceration, both during the relevant 14-month period, prevent such a finding and his consent to an adoption of Children should remain necessary.

T11 The relevant portion of 10 0.8.2001 § 7505-4.2(B) states:

B. Consent to adoption is not required from a parent who, for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for adoption of a child or a petition to terminate parental rights pursuant to Section 7505-2.1 of this title, has willfully failed, refused, or neglected to contribute to the support of such minor:
1. In substantial compliance with an order entered by a court of competent jurisdiction adjudicating the duty, amount, and manner of support....

This statute, strictly construed and applied to this case, requires that any failure on Father's part to substantially comply with his child support order occur for 12 consecutive months and that such failure be willful or Father's consent to the adoption is necessary.

112 We find that for the following three months out of the relevant 14-month period, Father either substantially complied with the child support order, or his failure to do so was not willful. First, in April 2007, Father made a child support payment of $369. Although this payment was $64 less than the $483 per month required at this time, we find that it was in substantial compliance with the child support order pursuant to 10 0.8.2001 § 7505-4.2(B)(1), taking into account the great solicitude that is warranted when the continued bond of a parent to his or her children is threatened with termination. See In the Matter of the Adoption of V.A.J., 1983 OK 23, ¶ 6, 660 P.2d 139, 141.

' 13 Second, in March 2007, Father made a child support payment of $1,599, almost four times the monthly amount of $483 required by the child support order. Therefore, Father substantially complied with the child support order for the month of March 2007.

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2009 OK CIV APP 103, 229 P.3d 545, 2009 Okla. Civ. App. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-mar-oklacivapp-2009.