R.A.M. v. C.A.M.

118 S.W.3d 317, 2003 Mo. App. LEXIS 1731
CourtMissouri Court of Appeals
DecidedOctober 30, 2003
DocketNo. 25259
StatusPublished
Cited by1 cases

This text of 118 S.W.3d 317 (R.A.M. v. C.A.M.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
R.A.M. v. C.A.M., 118 S.W.3d 317, 2003 Mo. App. LEXIS 1731 (Mo. Ct. App. 2003).

Opinion

ROBERT S. BARNEY, Presiding Judge.

The trial court entered a judgment and decree of adoption by which K.N.H. was adopted by R.A.M. and C.M. (“Respondents”). The natural father, C.A.M. (“Appellant”), appeals claiming that the trial court erred because Appellant did not consent to the adoption and the evidence was insufficient to establish that he had willfully abandoned and/or neglected K.N.H. for six months immediately preceding the filing of the adoption petition. Appellant [319]*319further challenges the validity of the adoption decree, arguing that Respondents did not have “lawful custody” of the child for six months before the decree as required by section 453.080.1 and without which the adoption could not be ordered.1 We affirm.

In an adoption case, as in other court-tried cases, appellate review is governed by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). Therefore, we must sustain the judgment of the trial court unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or unless it erroneously declares or applies the law. H.W.S. v. C.T., 827 S.W.2d 237, 240 (Mo.App.1992). Deference is given to the trial court’s determinations of witness credibility. In re K.K.J., 984 S.W.2d 548, 552 (Mo.App.1999). In determining if substantial evidence exists to support the judgment, we defer to the trial court on factual issues and do not substitute our judgment for that of the trial court. Id. “Greater deference is granted to a trial court’s determination in custody and adoption proceedings than in other cases.” Id. “We review the facts and all reasonable inferences therefrom in the light most favorable to the trial court’s judgment.” In re C.J.G., 75 S.W.3d 794, 797 (Mo.App.2002).

Respondents act as foster parents for the state of Missouri. Appellant, born July 17,1975, was a foster child in Respondents’ home from June 1988 to September 1993. S.H. (“Mother”), born October 14, 1973, was also a foster child in Respondents’ home and, aside from a two-year time period, has lived in the home or on Respondents’ property since 1989.

Appellant testified that he and Mother had been engaged in a sexual relationship for two years and the relationship ended approximately four months before he left Respondents’ home in 1993. Appellant further stated that at that time, he believed he and Mother were involved in a monogamous relationship. Appellant left Respondents’ home prior to the birth of K.N.H. and, according to him, without knowledge Mother was pregnant.

K.N.H. was born January 22, 1994. At some point after KN.H. was born, Appellant visited Respondents and saw KN.H. According to Respondents, the visit occurred when K.N.H. was approximately four days old. Appellant testified he thought K.N.H. was closer to six months old. At this juncture, the only possible father of the- minor that Mother had named was Daniel DeClue (“DeClue”).

Respondents and witnesses for Respondents also testified to other occasions throughout KN.H.’s life that Appellant returned to the house and saw KN.H. Appellant denied he made other visits.

On March 3, 1994, Respondents filed for guardianship of KN.H. See § 475.010, et seq. DeClue, the person named by Mother as the father, was served notice of the proceeding. Letters of guardianship were issued April 8, 1994. Seasonably a paternity test was performed, and DeClue was eliminated as a possible father of KN.H.

When KN.H. was approximately eighteen months old Mother identified Appellant and another individual as a possible father of K.N.H. Respondent C.M. and another witness testified that C.M. approached Appellant at his workplace to ask about his possible paternity of K.N.H. Respondent C.M. testified that she did not remember the exact date the conversation occurred, but that she had “thought hard on it for a while” before approaching Appellant. According to Respondent C.M., Appellant denied ever having engaged in a [320]*320sexual relationship with Mother and denied that K.N.H. could have been his child. Respondents’ witness also testified that Appellant vehemently denied the possibility of his being the father of K.M.H. Respondents decided not to pursue the matter further, because Appellant was going to school and leaving for the military shortly after the encounter.

Respondents filed a petition for adoption on January 13, 2000. The original petition identified DeClue and Appellant as possible fathers, but stated that DeClue had been eliminated as a potential father. Respondents testified they did not know Appellant’s location at that time so they served Appellant through publication. Appellant subsequently joined the proceeding as an intervenor and moved for a paternity blood test. The test results indicated a 99.98 percent likelihood Appellant was the father of K.N.H. On February 11, 2002, Appellant was granted temporary weekly visitation with K.N.H. and was ordered to pay $35.00 per week child support.

On February 13,2002, Respondents filed a first amended petition for adoption, which included a third possible father named by Mother, and allegations that, prior to the filing of the action, none of the possible fathers had provided any support, necessities, parenting, care, affection, or emotional support for K.N.H. The amended petition further alleged that each of the possible fathers had abandoned K.N.H. These allegations were made pursuant to section 453.040, which provides, in pertinent part, that consent to the adoption of a child is not required of:

(7) A parent who has for a period of at least six months, for a child one year of age or older, ... immediately prior to the filing of the petition for adoption, willfully abandoned the child or, for a period of at least six months immediately prior to the filing of the petition for
adoption, willfully, substantially and continuously neglected to provide him with necessary care and protection[.]

A hearing was held on June 24, 2002. The trial court found Appellant knew he was the probable father of K.N.H., knew of KN.H.’s whereabouts and residency, and saw the child from time to time. The trial court further found that Appellant took no action to assert his paternity or to support the child monetarily or emotionally in any way from the child’s birth on January 22, 1994, until after the present action was filed January 13, 2000.

The court’s findings also set out that:
The Court further finds based on the evidence that [Appellant] willfully abandoned the minor child and neglected the minor child without just cause or excuse as was shown by his failure to promptly assert his paternity, his denial of his paternity to [Respondent C.M.] and the lack of justification for his claimed belief that someone else might be the father.

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Related

In Re KNH
118 S.W.3d 317 (Missouri Court of Appeals, 2003)

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Bluebook (online)
118 S.W.3d 317, 2003 Mo. App. LEXIS 1731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ram-v-cam-moctapp-2003.