In Re Adoption of Webb

544 P.2d 130, 14 Wash. App. 651, 1975 Wash. App. LEXIS 1669
CourtCourt of Appeals of Washington
DecidedDecember 29, 1975
Docket3150-1
StatusPublished
Cited by28 cases

This text of 544 P.2d 130 (In Re Adoption of Webb) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington 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 Webb, 544 P.2d 130, 14 Wash. App. 651, 1975 Wash. App. LEXIS 1669 (Wash. Ct. App. 1975).

Opinion

Farris, J.

Donald and Gail Webb were divorced by a decree entered on June 23, 1971. Under the provisions of the decree, custody of their minor child, Marnie Ann, was awarded to the mother, subject to the father’s right to reasonable visitation. In addition, the father was ordered to pay $100 per month as child support until Marnie reached majority or became emancipated, and $200 per month as temporary alimony for a period of 24 months or until the mother obtained permanent full-time employment.

On November 6, 1971, the mother married Robert M. Hamlin. Thereafter, on December 10, 1973, the Hamlins filed a joint petition seeking the court’s permission for the stepfather to adopt Marnie. The petition asserted that the natural father had abandoned Marnie and contended that his permission was therefore not required for the adoption. RCW 26.32.040 (4). In his answer to the petition, the father denied the allegation of abandonment, argued that the mother had denied him his visitation rights, and counterclaimed for an order clarifying and enforcing visitation. Following a hearing on May 14, 1974, the trial court ruled that the natural father’s consent was not necessary for the adoption. The father appeals.

RCW 26.32.040(4) provides in pertinent part:

No consent for the adoption of a minor shall be required as follows:

(4) From a parent who has been found by a court of competent jurisdiction, upon notice as herein provided to such parent, to have deserted or abandoned such child under circumstances showing a wilful substantial lack of regard for parental obligations;

In applying this statute, the Supreme Court in In re *653 Adoption of Lybbert, 75 Wn.2d 671, 674, 453 P.2d 650 (1969) concluded:

The legislature, by this statute, defined abandonment on the part of a parent to have been established when the circumstances show a “wilful substantial lack of regard for parental obligations”. What constitutes “parental obligations”? In construing statutory language the words must be given their usual, ordinary, commonly accepted and full meaning. Parkhurst v. Everett, 51 Wn.2d 292, 318 P.2d 327 (1957); State v. Rinkes, 49 Wn.2d 664, 306 P.2d 205 (1957). The commonly understood general obligations of parenthood entail these minimum attributes: (1) express love and affection for the child; (2) express personal concern over the health, education and general well-being of the child; (3) the duty to supply the necessary food, clothing, and medical care; (4) the duty to provide an adequate domicile; and (5) the duty to furnish social and religious guidance.
It is the general rule that courts zealously guard the integrity of the natural relation of parent and child, and when severance of that relationship is sought because of violation of statutory mandates, such statutes must be strictly construed. In re Lease, 99 Wash. 413, 169 Pac. 816 (1918), and cases cited. The severance of the parental relationship is a highly important decision. However, this court has for many years adhered to the rule that the dominant consideration is the moral, intellectual and material welfare of the child or children, and that the parental relationship itself must be subordinate to these considerations. In re Day, 189 Wash. 368, 65 P.2d 1049 (1937); In re Potter, 85 Wash. 617, 149 Pac. 23 (1915).

With this statutory and judicial framework in mind, we consider the father’s assignments of error.

The father first contends that the trial court erred in entering finding of fact No. 11:

For approximately fourteen months prior to February, 1974, with the exception of a one-half hour visit, Mr. Webb did not exercise his visitation privileges and took no initiative to do so. His visitation privileges were not significantly interfered with or denied. During that same period Mr. Webb gave no presents to Marnie and did not pay any attention to her or express any concern over her welfare.

*654 He argues that it is not supported by the evidence. He-submits that the trial court overlooked two visits during December of 1972 which were listed in finding of fact No. 10 and disregarded the testimony of his sister to the effect that he visited Marnie for 15 minutes in January of 1973. He also contends that the 14-month period covered by the finding arbitrarily excludes three weekend visits during February, March and April of 1974. In addition, the father argues that he attempted to visit Marnie during the period reflected in the finding, but was prevented from doing so by the mother. Finally, he submits that he gave Marnie a birthday present in September of 1973.

In reviewing a finding of fact entered by a trial court, our function is limited to determining whether the finding is supported by substantial evidence. If it is, it will not be disturbed on appeal. Thorndike v. Hesperian Orchards, Inc., 54 Wn.2d 570, 575, 343 P.2d 183 (1959). Although we find substantial evidence in the record which supports the challenged finding, there are additional reasons why the arguments advanced by the father must be rejected. First, in regard to the contention that in entering finding of fact No. 11 the court overlooked the two visits which occurred during December of 1972, it should be noted that the word approximately was used to describe the time period. Secondly, since the two visits were included in finding of fact No. 10, there is no basis for finding any prejudice to the father. As to the contention that the trial court erred in not including the father’s alleged visit with Marnie during January of 1973, the trial court, and not the court on appeal, determines the weight to be given to the testimony of the father’s sister on that point. Further, we disagree that the 14-month period reflected in the finding arbitrarily excludes the weekend visits during February, March and April of 1974. These visits were included in finding of fact No. 10. Finding of fact No. 11 is designed to focus on the period from the last visit in December of Í972 until the first visit after the petition for adoption was filed. We find no error in that presentation of the facts. The *655 father’s contention that the mother interfered with his visitation rights was presented to the trial court for resolution on conflicting evidence. There is substantial evidence in the record to support its resolution of the issue.

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Bluebook (online)
544 P.2d 130, 14 Wash. App. 651, 1975 Wash. App. LEXIS 1669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-webb-washctapp-1975.