Jacklin v. Dudley

677 P.2d 1070, 101 N.M. 34
CourtNew Mexico Court of Appeals
DecidedJanuary 13, 1984
DocketNo. 7296
StatusPublished
Cited by2 cases

This text of 677 P.2d 1070 (Jacklin v. Dudley) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jacklin v. Dudley, 677 P.2d 1070, 101 N.M. 34 (N.M. Ct. App. 1984).

Opinion

OPINION

DONNELLY, Chief Judge.

Appellants, Duane E. Jacklin and Anna Jacklin, the maternal grandparents, appeal from an order of the district court of Curry County denying their petition to adopt their two minor grandchildren. The single issue asserted by appellants on appeal, is whether the trial court erred in refusing to grant their petition for adoption. We affirm the ruling of the trial court.

Facts

Appellees, Carmen Dudley and Phillip Ray Yowell are the natural parents of the two minor children sought to be adopted by appellants. Appellees were divorced in October, 1979, in the District Court of Curry County and custody of their two daughters, ages 6 and 3, was awarded to the mother.

In May, 1980, the children’s mother voluntarily permitted one of the children to reside with the appellants. Approximately a year later, in June 1981, the natural mother consented to the placement of her other child with appellants. Appellant, Duane Jacklin, filed a petition in the District Court of Curry County, seeking his appointment as the guardian of the two children in September, 1981; the guardianship proceeding by appellant was consented to by the children’s mother. Appellant’s petition for guardianship stated that the appellant (Duane Jacklin) “has permitted and agrees to continue to permit the natural mother to visit said minor children at all reasonable times upon reasonable prior notice.” The order granting guardianship of the minor children to Duane Jacklin, was silent concerning any provision for visitation by the natural parents.

After the appellant Duane Jacklin was appointed as the guardian of the two minor children, the natural parents of the children were prevented from visiting the children. On August 30, 1982, and following her remarriage to another man, the natural mother, Carmen Dudley, filed an action to terminate the guardianship seeking to obtain the return of the minor children to her custody. Appellants immediately filed a separate proceeding, seeking adoption of the children. The two actions were ordered consolidated for hearing before the trial court. At the conclusion of the hearing on appellants’ petition to adopt the two minor children, the trial court adopted the following findings:

6. The natural father has not provided any personal care, support, education, moral or spiritual guidance, a home, or •love or security for the minor children since September, 1980.
7. No parent-child relationship exists between the minor children and their natural father.
8. The natural father was found to have abandoned the children by order of [the] Court in Cause No. 81-PB-612. [The guardianship proceeding].
9. The natural father * * * cannot provide a proper home and environment for the minor children.
10. The natural mother * * * has a history of emotional and financial instability.
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12. Carmen Dudley has conducted herself in an immoral manner by residing with at least three different men without being married to them.
13. Carmen Dudley has experimented with the drug marijuana.
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15. Carmen Dudley has physically abused and neglected [one of] the minor [children].
16. The natural mother [subsequent to permitting one of her children to reside with appellants] * * * in May, 1980 * * * has since that time provided no personal care, support, education, moral or spiritual guidance, or love for said child.
17. The natural mother * * * voluntarily relinquished * * * [the second child to appellants], in June, 1981, and since that time provided no personal care, support, education, moral or spiritual guidance, or love or security for said child.
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19. From November, 1981, until May, 1982, the natural mother * * * made a few attempts to exercise visitation with the minor children and made a few phone calls to the children but the calls were all intercepted by [appellants] and she was denied all visitation privileges by the [appellants],
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23. The Jacklins [appellants] have systematically deprived the natural parents of any contact with the two minor children during the term of guardianship.
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35. The children are openly hostile toward both natural parents and do not desire to communicate or be involved in any manner with either natural parent.
36. No parent-child relationship exists between the natural mother and the two minor children.

The trial court also found that the minor children had expressed a preference to live with appellants, that the appellants were able to care for the children and that the children would suffer serious emotional trauma if they were removed from the custody of the appellants. The court further found that the natural parents were each financially capable of contributing to the support of their minor children.

Based upon the findings of fact, the trial court concluded that the natural mother had neglected her children and that the parent-child relationship between the children and their parents had disintegrated. The court concluded that a psychological parent-child relationship had developed between the appellants and the minor children. The court further concluded that the best interests of the minor children would be furthered by continuing the guardianship and leaving the children with appellants, subject to “increased visitations and contact with the two minor children.” Finally, the court concluded that:

8. The parental rights of the natural parents * * * should not be terminated.
9. The Petition for Adoption by the maternal grandparents should not be granted because the Jacklins have by their own conduct helped destroy the parent-child relationship between the natural parents and the two minor children.

Based upon these findings and conclusions the trial court denied appellants’ petition for adoption, but continued the grandfather’s (Duane Jacklin), guardianship of the two children. Appellants have appealed from the denial of their petition for adoption. No cross-appeal has been filed by either of appellees.

Denial of the Adoption

Appellants contend the trial court erred in denying their petition for adoption. Appellants claim that they met the burden imposed under NMSA 1978, § 40-7-4(B) (Repl.Pamp.1983), and that based upon the findings of the trial court, the trial court abused its discretion in refusing to grant the adoption.

Section 40-7-4(B), provides in applicable part as follows:

B. The court shall terminate parental rights with respect to a minor child when:
* * * * * *

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Related

Roth v. Bookert
894 P.2d 994 (New Mexico Supreme Court, 1995)
Matter of Adoption of Doe
677 P.2d 1070 (New Mexico Court of Appeals, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
677 P.2d 1070, 101 N.M. 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacklin-v-dudley-nmctapp-1984.