In Re the Adoption of A.F.M.

960 P.2d 602, 1998 Alas. LEXIS 118
CourtAlaska Supreme Court
DecidedJune 26, 1998
DocketS-8150
StatusPublished
Cited by17 cases

This text of 960 P.2d 602 (In Re the Adoption of A.F.M.) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Adoption of A.F.M., 960 P.2d 602, 1998 Alas. LEXIS 118 (Ala. 1998).

Opinion

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

A child ordinarily may not be adopted in Aaska unless the biological parent consents. But AS 25.23.050(a)(2)(B) waives consent if the parent has failed significantly and unjustifiably to support the child for “at least one year.” Because Bruce Farley 1 paid no support for his daughter, A.F.M., between August 15, 1995 and August 16,1996, the superior court allowed David Muntz to adopt A.F.M. without Farley’s consent. We vacate the adoption decree because the superior court implicitly misinterpreted the statute and miscalculated the period of nonsupport. In anticipation of further potential disputes, we conclude that a parent whose rights are terminated by adoption has no statutory visitation rights under AS 25.23.130(c).

II. FACTS AND PROCEEDINGS

Laura Muntz and David Muntz were married in 1966 and divorced, in February 1990; Laura Muntz and Bruce Farley formed ,a relationship in 1991. In 1992 Laura gave birth to A.F.M. in Spokane. Farley is AF.M.’s biological father. Laura’s relationship with Farley apparently ended, before AF.M.’s birth.

Farley brought a paternity action in Spokane County in early 1993 and was adjudicated A.F.M.’s father and ordered to pay $180 child support monthly. But by the summer of 1993, Farley could no longer support himself, and he began receiving unemployment benefits. The Washington child support agency reduced his monthly support obligation to $25; Farley states that the Washington unemployment office made the $25 payments directly to the Washington child support agency.

Farley received his last unemployment cheek in August 1995. Farley received monthly veteran’s benefits of about $91; he claimed that was his only income between August 1995 and August 1996; On August 15, 1995, the unemployment office paid the Washington child support agency $25.65 for A.F.M. The child support division' received nothing more until Farley paid $25 on August 16, 1996. Farley later testified that he also paid $100 in child support arrearages on August 16,1996; that he paid $25 in September 1996 and October 1996; and that he paid $200 in arrearages in October 1996. He made no payments after October 1996.

Laura Muntz and David Muntz remarried in December 1994. They and A.F.M. began living in Aaska in March 1995. Farley continued to live in Washington. In February 1996 David Muntz petitioned for adoption of A.F.M. in the superior court in Anchorage. He contended that Farley’s consent was unnecessary because conception had occurred *604 as a result of sexual assault. Farley opposed the petition.

Laura Muntz died of cancer in August 1996.

On August 28, 1996, David Muntz filed a notice in the adoption proceeding stating that Farley had not paid the $25 monthly child support for more than one year. Although Muntz’s original petition for adoption did not claim that any failure to pay child support would dispense with Farley’s consent, Muntz’s August 1996 notice informed Farley of the issue, and the parties briefed it in the superior court in November 1996.

In March 1997 the superior court conducted a hearing to determine whether Farley’s consent was necessary. It found that Farley had made payments on August 15, 1995, and August 16, 1996. It reasoned that, despite Farley’s unemployment, he could have paid the required support by reducing his cigarette consumption (estimated to be five to seven packs weekly, at $2 a pack). The court found that Farley had failed, without justifiable cause, to support A.F.M. for at least one year. It concluded that, under AS 25.23.050(a)(2)(B), Farley’s consent to the adoption was not required.

The court then conducted a hearing on the child’s best interests. It concluded that it was in the child’s best interests to be adopted by Muntz. On April 22, 1997, the court entered an adoption decree.

Although Farley sought greater visitation rights, the court found that it was not in A.F.M.’s best interests to have contact with Farley, except for the limited post-adoption contact permitted by Muntz (such as sending Farley A.F.M.’s school photos and allowing Farley to send Christmas and birthday presents). Muntz also agreed to give Farley’s address and telephone number to A.F.M. when she turns fourteen, and to help her contact him if she wishes to do so.

Farley appeals these rulings.

III. DISCUSSION

A. Did Farley Fail to Provide Support for at Least One Year?

Finding that Farley had “for a period of at least one year failed significantly without justifiable cause, including indigency, to provide for the care and support of the child,” the superior court relied on AS 25.23.050(a)(2)(B) 2 to dispense with Farley’s consent to the adoption.

Farley contends that the superior court erroneously applied that statute because it miscalculated Farley’s period of nonsupport as one year and one day. First, he asserts that his August 15, 1995, payment “represented child support for the month of August 1995,” and that his period of nonsupport was only eleven months. He maintains that the child support office considered his payment timely “so long as it’s within that month.” Second, he asserts that the August 15, 1995, payment was not posted until August 16, 1995. Therefore, only one year, not one year and one day, passed before he hand-delivered his payment on August 16,1996.

When reviewing a decision terminating parental rights, we will not disturb the lower court’s factual findings unless they are clearly erroneous — that is, unless they leave us with the definite and firm conviction that a mistake has been made. See E.A. v. State, 623 P.2d 1210, 1212 (Alaska 1981) (citing In re S.D., Jr., 549 P.2d 1190, 1195 (Alaska 1976)). We apply our independent judgment when interpreting a statute. See In re J.B.K., 865 P.2d 737, 739 n. 7 (Alaska 1993).

We have explained that courts should “strictly construe AS 25.23.050 in favor of the natural parent.” S.M.K. v. R.G.G., 702 P.2d 620, 623 (Alaska 1985). “ ‘[A]doption consent provisions are designed to protect the natural rights of parents to custody, society, comfort, and services of the child.... [Pjarents should not be deprived of the fundamental rights and duties inherent in the parent-child relationship except for ‘grave and weighty reasons.’ ’ ” D.L.J. v. W.D.R., 635 P.2d 834, *605 837 (Alaska 1981) (quoting In re Adoption of K.M.M., 611 P.2d 84, 87 (Alaska 1980)).

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Bluebook (online)
960 P.2d 602, 1998 Alas. LEXIS 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-afm-alaska-1998.