In Re the Adoption of E.A., M.A. v. D.B.

43 N.E.3d 592, 2015 Ind. App. LEXIS 613, 2015 WL 5145623
CourtIndiana Court of Appeals
DecidedSeptember 2, 2015
Docket78A01-1504-AD-153
StatusPublished
Cited by5 cases

This text of 43 N.E.3d 592 (In Re the Adoption of E.A., M.A. v. D.B.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals 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 E.A., M.A. v. D.B., 43 N.E.3d 592, 2015 Ind. App. LEXIS 613, 2015 WL 5145623 (Ind. Ct. App. 2015).

Opinion

BROWN, Judge.

[1] M.A. (“Appellant”), the biological father of E.A., appeals the trial court’s decree granting the petition for adoption of E.A. by D.B. (“Adoptive Father”). Appellant raises one issue which we revise ánd restate as whether the court erred in granting Adoptive Father’s petition for adoption over the objection of Appellant. We affirm.

Facts and Procedural History

[2] On February 5, 2009, E.A. was born to R.B., the mother (“Mother”), and Appellant. Appellant had been- arrested for burglary previous to the birth, but he bonded out and was present at E.A.’s birth and signed a paternity affidavit pursuant to Ind.Code § 16-37-2-2.1. Following the birth, Appellant, Mother, and E.A. lived with Appellant’s mother. On March 16, 2009, when E.A. was six weeks old, Appellant was re-arrested on burglary charges. Appellant has two' other children who met E.A. once, when E.A. was three months old.

[3] During the pendency of Appellant’s burglary case, he was held at the Jefferson County Jail. While there, Mother kept in contact with him, and the two had an understanding that they would remain in a relationship. On July 21, 2010, Appellant was sentenced to fifteen years on the burglary conviction and,,transferred to the Department of. Correction (the “DOC”), and contact between. then one-year-old E.A. and Appellant waned. Appellant “may have sent a birthday card the first birthday that [E.A.] had after [Appellant] went to prison,” but no further contact was had. Transcript at 21. Mother stopped sending Appellant pictures of E.A. after E.A.’s second birthday. The last time Appellant saw E.A. was immediately after he was sentenced on July 21, 2010 when the court arranged for a visit.

[4] Mother started dating Adoptive Father in the fall of 2010. On April 13, 2011, Mother married Adoptive Father. '

[5] On October 17, 2013, Adoptive Father filed a petition for adoption of E.A. alleging that Appellant: (A) has abandoned E.A.; (B) has failed to contact or support E.A. for at least one year; and (C) has not established paternity or has failed to register with the putative father registry. On November 14, 2013, Appellant filed a Verified Motion to. Contest Adoption, as well as a Petition to Establish Paternity and Provide Support.

*594 [6] On March 31, 2015, the court held a hearing on Adoptive Father’s petition. Adoptive Father testified that he has lived with E.A., who at that point was six years old, since 2010, that they have a father-son relationship and E.A. calls him “Dad,” and that he is the only father E.A. has ever known. Id. at 9. He stated that during his time living with E.A., there had not been any contact between Appellant and E.A. When asked whether Appellant had been hindered in contacting E.A., Adoptive Father testified that they kept the address Appellant had until almost 2012, and that no mail had been sent to E.A. by Appellant at that address: He further noted that “when we got the papers from the Court after we filed this, that [E.A.] was about to have a birthday, Christmas and he knew the address because he sent us the paperwork. He still didn’t send [E.A.] a birthday card or Christmas card or letter.” Id. at 10. He also testified that when the couple moved from the address Appellant had on file, they had their mail to that address forwarded to their new residence. He stated that he and Mother have another child and that E.A. helps to take care of her and “loves her to death — ” Id. at 13.

[7] Mother testified that Appellant wrote her “a couple of letters” after sending the birthday card for E.A.’s second birthday, but she lost contact with him during that year. Id. at 21. She indicated that at the time the petition for adoption was filed Appellant had not filed anything to establish paternity, and she never received any monetary support from him, nor from any of Appellant’s family on his behalf. She testified that she had had contact with Appellant’s sister five or six times but “not in the past two years....” Id. at 24. Mother testified that, after Appellant was arrested, on multiple occasions she attempted to make arrangements to visit with Appellant’s mother with E.A., but Appellant’s mother “always had a reason not to.” Id. at 32.

[8] On cross-examination, Mother indicated that she changed her cell phone number “numerous times,” the first time being “shortly after” Appellant was incarcerated, and she did not provide Appellant with her new phone number. Id. at 26. She acknowledged that she “did nothing really to encourage [Appellant] to continue contacting” her. Id. at 27. She testified that Appellant’s sister attempted to make contact with her at her place of employment at a restaurant, but she avoided the sister by going into the kitchen. She indicated that it was “fair to say” she avoided telephone calls from Appellant’s family. Id. at 30. She also testified that Appellant’s sister had her current phone number, which she has not changed since 2012, but that she has not received calls from the sister.

[9] Appellant testified that he had a substantial criminal history and that he had previous prison sentences for crimes of burglary and forgery. He testified that he was currently serving his burglary sentence through parole and probation, that he had been out of prison for two months, and that he was living with his sister. He stated that prior to his burglary conviction he had been out of prison for eighteen months, that prior to that he had been out for nine months, and that of the past twelve years he has been out of prison for about two years. He testified that he earned twelve dollars per month in prison and that he did not send any of his earnings to support E.A, or his other children. He also testified that fifteen percent of his earnings went into an inmate trust fund, that his other earnings went to pay for items like soap and shampoo, and that when he was released from prison he had $250 in his account. He further testified that at' the time of the hearing he was *595 painting six days a week in Madison, Indiana.

[10] Appellant further testified that he stopped writing letters because he “had no idea if [Mother] was getting the letters,” but he further acknowledged that he did not receive any of his letters returned as undeliverable. Id. at 45. He stated that he did not have an accurate telephone number to reach Mother, and that at one point his sister gave him a new telephone number for Mother but that “by the time [he] put it on [his] phone list, it took a couple of weeks to get it activated, and it was gone. It didn’t work any more [sic].” Id. at 46. He testified that he became aware of the current address of E.A. and Mother when he “received this hearing paper.” Id. He also explained that he “was also concerned with [Mother] calling in and saying ‘hey, this guy won’t leave me alone’ .... so I just figured it was best to stop.” Id.

[11] Appellant was asked by the court whether he had been married to the mother of his other children, and he replied that he had not been married to her but had filed a paternity case in Madison.

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43 N.E.3d 592, 2015 Ind. App. LEXIS 613, 2015 WL 5145623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-ea-ma-v-db-indctapp-2015.