In re de St. G.

705 So. 2d 220, 97 La.App. 5 Cir. 655, 1997 La. App. LEXIS 2788, 1997 WL 729040
CourtLouisiana Court of Appeal
DecidedNovember 25, 1997
DocketNo. 97-CA-655
StatusPublished
Cited by6 cases

This text of 705 So. 2d 220 (In re de St. G.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re de St. G., 705 So. 2d 220, 97 La.App. 5 Cir. 655, 1997 La. App. LEXIS 2788, 1997 WL 729040 (La. Ct. App. 1997).

Opinion

1 iBOWES, Judge.

Appellants, M.D.S.G. (“M.”) and P.B.S. Jr. (“P.”), appeal a judgment of the Juvenile Court declaring that the child K.N.K. could not be released for adoption without the consent of her natural father, J.J.K. (“J.”).

Appellants filed a petition for the adoption of K.N.K. (“K.”), born on August 12, 1995 to J. and S.D.S.G. (“S.”), an unmarried couple. Appellants are married and M. is the child’s maternal aunt; the petition alleged that the mother, S., consented to the adoption. It was further alleged that the whereabouts of the father, J., were unknown and requested that a curator ad hoc be appointed to represent him at the proceedings:

l2In the petition it was averred that the child had lived in appellants’ home since September of 1995, with the consent of her mother. The petition stated that, although the father had executed an acknowledgment of paternity, his consent to the adoption was [221]*221un necessary since the acknowledgment of paternity had never been recorded, and that no one was listed or registered on the ‘putative father registry as the father of the child. Attached to the petition was a copy of the child’s birth certificate showing J. as the father.

On March 31, 1997, the State of Louisiana through the Department of Social Services informed the court that J., the father, had contacted their agency and opposed the adoption, wishing to seek physical custody of the child. On April 1, 1997, J. filed a formal declaration of intention to oppose the adoption. In that pleading, he alleged that he had attempted to continue his relationship with the child but had been thwarted by the proposed adoptive parents through subterfuge, threats intimidation and/or peace bonds. Appellee averred that on two occasions he had to resort to the police to retrieve his daughter from appellants.

ACTION OF THE TRIAL COURT

The matter was set for hearing; during the course of. the proceedings, S. executed a voluntary surrender of K. Following the hearing the trial judge found that J. had established his parental rights to the child, and declared that under La. Ch. C. art. 1138, no adoption could be granted | ¿without J.’s consent. The court further ordered that the surrender executed by the natural mother be declared m valid and that any subsequent petition for custody of K. should be properly brought before the district court.

The trial court found that by executing an acknowledgment of the child, the father demonstrated a formal means of establishing a relationship with the child. The court further found that appellee had proved an informal acknowledgment by providing substantial parental care and support in the following actions: making preparations for the child at the time of the child’s birth; purchasing a baby bed and other items for the expected child; showing an interest in her by providing for her and being present at her birth; participating in the choice of her name, planning for her baptism, feeding, changing and tending to her. The court found that these actions established his commitment to parental responsibilities.

The court continued and found that the appellee, J., had met his burden of proving his fitness for parental responsibilities by the above actions, and the evidence of his own daily care of the child when she was in his custody. The court also noted that appellee had sought legal assistance to obtain custody of the child months before he was informed of the adoption proceedings. The court was satisfied with appellee’s completion of a 12 step program, a substance abuse program and Antabuse to control a previous drinking problem.

It is from this judgment that the appeal was taken.

1 ^EVIDENCE AND TESTIMONY

At the hearing appellee, J., testified that when he met S., the natural mother, she was three months pregnant with the child of another man; and that child was eventually adopted. Later, they planned to have a child together and she became pregnant. Appel-lee would take her to the doctor and asked her not to smoke during the pregnancy. When the baby was bom, appellee was present and held the infant. When the family returned home, appellee worked while (he believed) S. stayed home with the baby. In fact, he discovered later that M. would pick the baby up every day while S. played video poker.

During this time, shortly after the child’s birth, he bought a baby bed, Similac baby formula, Huggies diapers, clothes, etc. He changed her diapers and fed her, bathed her, changed her clothes. Together J. and S. chose the baby’s name, and planned her baptism.

One day S., who was supposed to be at work, disappeared, leaving the baby at M.’s house. Appellee later found out she had gone to Mexico, and when she returned the next day, she told appellee that she had taken LSD and Valium; she was incoherent and they had an argument. Appellee became upset, slapped S. and left.

The couple separated. S. wanted to allow the baby to stay with M. temporarily; appel-[222]*222lee thought that the baby was going to be with her mother for a time, but that when they established their own separate domiciles he | gwould take the child. He attempted to see the child for Christmas, but could not find her. Sometime later, M. asked if appel-lee would permit her to adopt the baby, but J. refused, stating that he wanted the child to live with him. He wanted to see his daughter for Christmas, but was unable to do so.

In February of 1996, after J. had his name placed on the birth certificate, he called the police to help him retrieve the baby from M. He did not act before that because of threats from S.’s family.

The child lived with appellee and his grandmother at which time he continued to care for her. S. would watch the baby while he was at work, and he would take the baby home afterwards. He described his daily care of the infant, feeding and cleaning her and taking care of her cold. This continued for three weeks until S. took the baby back with her to spend the night. S. then told appellee that the baby was with M. who still wanted to adopt the infant. Although he tried to obtain legal assistance, he did not have the money to pay an attorney to establish his paternal rights at that time. He did not see his daughter for several months because the family would take her away, and he was told he would be shot if he tried to see her. He learned of the impending adoption through the curator’s advertisement in the newspaper.

At the time of trial he was living with his fiance and was employed. He admitted that he was a binge drinker, but completed a twelve step | «program and, after a traffic incident, went to the Jefferson Parish Substance Abuse Center. He and his fiance both worked, but his grandmother would babysit at his home. He planned on sending the child to private school, and felt it would be no problem whatsoever to raise his daughter properly and take care of her “one hundred percent.”

He testified that he offered financial support to M. and P. but they refused.

Appellee’s grandmother testified that when he lived with her, he took care of the baby ■himself, feeding her, changing her, etc. She was willing to care for the baby now while appellant was at work.

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Related

State ex rel. J.B.
794 So. 2d 899 (Louisiana Court of Appeal, 2001)
State Ex Rel. IDH v. Thomas
787 So. 2d 526 (Louisiana Court of Appeal, 2001)
In re A.J.F.
764 So. 2d 47 (Supreme Court of Louisiana, 2000)
Adoption of S.C.D.
742 So. 2d 1058 (Louisiana Court of Appeal, 1999)

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Bluebook (online)
705 So. 2d 220, 97 La.App. 5 Cir. 655, 1997 La. App. LEXIS 2788, 1997 WL 729040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-de-st-g-lactapp-1997.