In Re the Adoption of M.D.K.

58 P.3d 745, 30 Kan. App. 2d 1176, 2002 Kan. App. LEXIS 945
CourtCourt of Appeals of Kansas
DecidedOctober 25, 2002
Docket88,583
StatusPublished
Cited by13 cases

This text of 58 P.3d 745 (In Re the Adoption of M.D.K.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas 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 M.D.K., 58 P.3d 745, 30 Kan. App. 2d 1176, 2002 Kan. App. LEXIS 945 (kanctapp 2002).

Opinions

Rulon, C.J.:

J.T. appeals from an order which terminated his parental rights as the natural father of M.D.K. under K.S.A. 59-2136(h)(4) for failure to provide support to the mother during the 6 months prior to M.D.K.’s birth. We affirm.

D.K., M.D.K.’s mother, and J.T. began a romantic relationship in Februaiy 2000. D.K. became pregnant with M.D.K. in May 2000 during a 3-week period in which the couple was living together. J.T. did not assist D.K. with any bills during this cohabitation but purchased approximately $100 worth of groceries. J.T. became aware of D.K.’s pregnancy in June 2000. Initially, D.K. and J.T. discussed tire possibility of marriage. However, the relationship soured and ended in July 2000. M.D.K. was bom February 22, 2001.

Beginning in August 2000, D.K. lived with her parents, who supported her throughout her pregnancy. J.T. knew where D.K. lived and worked. From September 2000 to December 2000, J.T. called D.K. approximately once a month. D.K. often told J.T. to stop calling her. In December 2000, D.K.’s mother told J.T.’s mother that she would obtain a restraining order if J.T. continued [1177]*1177to call. J.T. estimated he called D.K. approximately five times in the 6 months prior to M.D.K/s birth.

D.K. claimed she asked for financial assistance from J.T. on more than one occasion but was rejected. D.K. asserted that J.T. never asked if she needed anything and that she never refused support from J.T. J.T. testified D.K. made no requests for money and, instead, told him everything was going well and that she did not need anything. J.T/s mother also asked D.K/s mother if they needed anything and was told no. As we understand, J.T. was advised by legal counsel that he was not required to pay support until a court had issued a custody and support order.

At J.T/s urging, J.T/s parents bought D.K/s car from her for $8,000, in hopes of alleviating her financial difficulties. This amount was $245 more than D.K. owed on the car. In August 2000, J.T/s mother bought blankets and a picture frame for D.K., which J.T. delivered to D.K. J.T/s mother and grandmother also made a quilt for M.D.K., which was given to D.K. after M.D.K/s birth, along with some baby clothes.

J.T. held three jobs in the last 6 months of D.K/s pregnancy. From September to December 2000, he worked part-time at U.P.S. and at a retail store, making approximately $170 a week. At that time, J.T. was living rent free with his parents. In December 2000, J.T. began working full-time in Iowa, earning more than $1,200 per month. J.T. added M.D.K. to his work health insurance policy after M.D.K/s birth. J.T. did not inform D.K. of this coverage. J.T. also testified he bought clothes for M.D.K., but that he never delivered them.

About 4 days after M.D.K/s birth, J.T/s mother called D.K/s mother to inquire about the status of the baby but was not told of the birth. The action to terminate J.T/s parental rights was filed in July 2001. J.T. first sent financial support for M.D.K. in September 2001, then sent an additional payment in November 2001.

Following the termination of J.T/s parental rights, D.K/s parents (petitioners) became M.D.K/s adoptive parents with D.K/s consent.

To terminate parental rights in an adoption proceeding, the appellate court searches the record to determine whether substantial [1178]*1178competent evidence exists to support the trial court’s findings of fact. It does not reweigh the evidence, substitute its evaluation of evidence for that of the trial court, or decide the credibility of the witnesses. The evidence is reviewed in the light most favorable to the prevailing party. In re Adoption of A.P., 26 Kan. App. 2d 210, 216, 982 P.2d 985, rev. denied 268 Kan. 886 (1999). Substantial evidence is evidence which possesses both relevance and substance and which furnishes a substantial basis of fact from which the issues can reasonably be resolved. In re Adoption of Baby Girl S., 29 Kan. App. 2d 664, 29 P.3d 466 (2001) aff'd 273 Kan.71, 41 P.3d 287 (2002) (adopting Court of Appeals opinion).

K.S.A. 59-2136(h) provides in pertinent part:

“[T]he court may order that parental rights be terminated, upon a finding by clear and convincing evidence, of any of the following:
“(4) the father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the six months prior to the child’s birth.”

J.T. first argues that he provided D.K. with “substantial support” in the 6 months prior to M.D.K.’s birth.

As contemplated by K.S.A. 59-2136(h)(4), the term “support” does not include a requirement that “the father provide total support for the mother; however, support that is incidental or inconsequential in nature is not sufficient.” Such support “must be of some consequence and reasonable under all of the circumstances.” In re Adoption of Baby Girl S., 29 Kan. App. 2d at 667. This duty includes “not only the [common-law] duty of financial support, but also the natural and moral duty of a parent to show affection, care and interest toward his or her child.” In re Adoption of B.M.W., 268 Kan. 871, 873, 2 P.3d 159 (2000). Additionally, mere general offers of support are not sufficient. In re Adoption of Baby Girl S., 29 Kan. App. 2d at 668.

There is minimal evidence of support from J.T. in the 6 months prior to M.D.K.’s birth. J.T. primarily relies on his parents’ purchase of D.K.’s car as proof of support. The trial court found that the amount paid was “nothing more than return of net worth” and [1179]*1179merely fair market value. As such, D.K. was not really in any better financial condition than she was prior to the sale.

The only other support possibly provided to D.K. during the relevant statutory period consisted of some blankets and a picture frame, which were delivered by J.T. in August 2000. Such items do not rise to the level of “some consequence” as required by K.S.A. 59-2136(h)(4). See In re Adoption of Baby Girl S., 29 Kan. App. 2d at 667.

J.T. argues the health insurance provided by him for M.D.K. should be considered as support for D.K. However, J.T. did not inform D.K. of the insurance and, furthermore, there was no insurance coverage until after the birth of M.D.K.

As far as nonfinancial support provided by J.T. during the statutory period, the record reveals such was essentially nonexistent. J.T. called D.K. approximately once a month from September to December 2000. These phone calls generally resulted in D.K. becoming physically upset.

J.T. further argues that he had reasonable cause for failing to provide the required support.

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58 P.3d 745 (Court of Appeals of Kansas, 2002)

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Bluebook (online)
58 P.3d 745, 30 Kan. App. 2d 1176, 2002 Kan. App. LEXIS 945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-mdk-kanctapp-2002.