IN RE THE ADOPTION OF J.G.R., A MINOR
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The appellate court reversed a step-parent adoption judgment, finding insufficient evidence that the natural father had abandoned his child. The court emphasized that abandonment requires clear and convincing evidence of a settled purpose to forego all parental rights.
Yes, the trial court erred in finding abandonment. The evidence presented did not meet the clear and convincing standard required to terminate parental rights.
[1] A finding of abandonment, required to excuse a natural parent's lack of consent in a stepparent adoption, must be supported by clear and convincing evidence.
[2] Abandonment is defined as conduct manifesting a settled purpose to permanently forego all parental rights and responsibilities.
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Join FLexlaw to unlock all legal intelligence“Conduct which manifests a settled purpose to permanently forego all parental rights and the shirking of the responsibilities cast by law and nature so as to relinquish all parental claims to the child.”
Definition of abandonment used by the court.
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Join FLexlaw to unlock all legal intelligenceThe trial court granted a step-parent adoption, finding the natural father had abandoned his child. The natural father appealed, presenting evidence t…
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WALDEN, Judge.
This is a step parent adoption. The final judgment granted the adoption of J.G.R. by his step father. The nonconsenting natural father appeals. We reverse.
Although the judgment recited that the adopted child was “abandoned” by the natural father, the record does not support such finding.
Section 63.072, Florida Statutes (1973) provides that the lack of a parent’s consent may be excused where there is abandonment.
Abandonment was correctly defined in In re Adoption of Prangley, 122 So. 2d 423, 428 (Fla. 2d DCA 1960) as:
[C]onduct which manifests a settled purpose to permanently forego all parental rights and the shirking of the responsibilities cast by law and nature so as to relinquish all parental claims to the child.
Moreover,
the legal right of a parent is one that should not be lightly regarded and that the Court to do so must have before it evidence that is clear and convincing.
With these standards in mind, the record reflects without doubt at least these facts:
1) The child support payments were current at the time of hearing. When there was a dispute over the amount of support due the natural father deposited the disputed sums into a savings account for his son. The amount in arrears was promptly paid when the court resolved the dispute in mother’s favor. 2) The natural father sent birthday and Christmas gifts to his minor son.
3) The natural father regularly took advantage of the court ordered visitation up until 1977. Thereafter, as a result of a visitation dispute, the natural father’s visitation was less frequent. However, the appellate record makes it clear that the natural father always made himself available to his minor son if the son so desired. We hold that the trial court erred in finding that the natural father abandoned his son, which error necessarily renders void the adoption judgment. We reverse upon authority of Prangley, supra; Hinkle v. Lindsey, 424 So. 2d 983, 984 (Fla. 5th DCA 1983) and Ramos v. Sanabria, 429 So. 2d 838 (Fla. 3d DCA 1983).
REVERSED.
DOWNEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In the Interest of A.B. v. State, 444 So. 2d 981 (Fla. 1st DCA 1983)…d has relinquished not only her right of custody but other, perhaps all, parental rights. Cf. In the Interest of T.G.T., a child, 433 So. 2d 11 (Fla. 1st DCA 1983) [permanent commitment for adoption after abandonment]; In re: The Adoption of J.G.R., 432 So. 2d 735 (Fla. 4th DCA 1983) [no abandonment by father, no adoption by stepfather]; Jenkins v. In the Interest of C.A.J., 434 So. 2d 9 (Fla. 1st DCA 1983) [citing T.G.T., supra]; Nelson v. Herndon, 371 So. 2d 140 (Fla. 1st DCA 1979) [no abandonment, no adopt…
Authorities Cited
- Hinkle v. Leldon Leroy Lindsey, 424 So. 2d 983 (Fla. 5th DCA 1983)
- In re Petition for Adoption of Sandra Eleanor Prangley. Arthur G. Prangley v. Comerford, 122 So. 2d 423 (Fla. 2d DCA 1960)
- Ramos v. Maximo E. Sanabria and Iliana (Jorge) Sanabria, 429 So. 2d 838 (Fla. 3d DCA 1983)