IN RE ADOPTION OF LISA MARIE CORCUERA, A MINOR
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A Florida appeals court affirmed an adoption decree that terminated the parental rights of a biological father who objected to his child being adopted by the child's mother and her new husband. The court held that although the father had not technically abandoned the child, his demonstrated lack of interest and infrequent visits, combined with evidence that adoption served the child's best interests, justified the termination of his parental rights.
The court affirmed the adoption decree, holding that although the father had not technically abandoned the child, his demonstrated lack of interest in the child's welfare, combined with his infrequent visits and problematic conduct during those visits, justified forfeiture of his parental rights when adoption clearly served the child's best interests.
“it is manifestly to the interest of the child that it be taken from their custody by some judicial proceeding of which the natural parents have notice.”
Establishes the legal standard that adoption by a stranger may be authorized when it serves the child's best interests.
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Join FLexlaw to unlock all legal intelligenceJoseph and Barbara Corcuera had a daughter born in New York in 1953. The parents divorced in Florida in 1956, with custody awarded to the mother. The …
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The respondent, the natural father of a minor child, has appealed from a final decree of adoption entered by the Circuit Court for Jackson County, awarding the *494custody of the child to the petitioners, the natural mother and her husband.
Succinctly stated, the pertinent facts shown by the record are: The said minor child was born in New York State in 1953 to Joseph and Barbara Corcuera. Three years later the parents were divorced through a final decree of divorce entered by the Circuit Court for Hillsborough County, Florida, the court awarding the permanent care, custody, and control of the child to the mother, who had instituted the suit. The latter shortly thereafter married the petitioner Charles M. Bell, and the child lived with them at their home. In another court proceeding the natural father was ordered to make a small payment each week for the child’s support, most of which payments were made by him.
In 1960 Mr. and Mrs. Bell filed a petition in the Circuit Court for Jackson County for the adoption of the child, serving notice thereof upon the natural father, who filed an answer objecting to the adoption. The State Welfare Board at the court’s request filed a report to the effect that it was in the child’s best interests that the adoption be granted and that the petitioners were fit and proper persons to adopt the child. After the taking of testimony the court entered the decree appealed from granting the petition.
The main question raised by the appellant is whether the evidence is sufficient to support the decree of adoption over his, the natural father’s objection.
While the evidence did not establish that the appellant had abandoned the child, the petitioners testified that he had visited the child only briefly on three occasions in the last few years. Mrs. Bell testified that, although the appellant was contributing $208 a year toward the child’s support, the cost of such maintenance amounted to approximately $1300. Several neighbors of the petitioners testified that the latter were suitable parents, kept a good home for the child, and that the child was happy and well adjusted in their home. Other evidence was presented in support of the petition to adopt.
In support of his contention the appellant relies upon decisions in this state recognizing the seriousness of severing a natural parent from the parental right and status, citing In re Whetstone, 137 Fla. 712, 188 So. 576 (1939), and In re Adoption of Prangley, 122 So.2d 423 (Fla.App.1960). We share this view concerning the seriousness of such severance, but we must remember that in the two cases just cited the courts also recognized that one of the grounds for authorizing the adoption of a child by a stranger is that “ * * * it is manifestly to the interest of the child that it be taken from their custody by some judicial proceeding of which the natural parents have notice.”
The evidence upon which the chancellor had a right to rely indicates that although appellant father had not completely abandoned his child, his demonstrated lack of interest in its welfare closely approaches the point of abandonment. In addition, the conduct in which appellant engaged on his infrequent visits with his child in the home of the natural mother and the adoptive father was such as to justify a forfeiture of the parental rights accorded him under law. Because of these factors, fortified by convincing evidence that the best interest of the child will be served thereby, we conclude that the decree appealed comports with the essential requirements of law and is free from error. Accordingly, the final decree appealed from should he, and it is
Affirmed.
WIGGINTON and RAWLS, JJ., concur.
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In re Adoption of Melissa Ann Gossett, 277 So. 2d 832 (Fla. 1st DCA 1973)…expressed in the final judgment appealed herein. The judgment is accordingly affirmed. CARROLL, DONALD K., Acting C. J., and RAWLS, J., concur. . In Re Adoption of Vincent, (Fla.App.1969) 219 So. 2d 454; In Re Adoption of Corcuera, (Fla.App.1962) 145 So. 2d 493; Streets v. Gammarino, (Fla.1952) 59 So. 2d 520. . Cloud v. Fallis, (Fla.1959) 110 So. 2d 669. . Wiggins v. Rolls, (Fla.1958) 100 So. 2d 414.…
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In re the Matter of Adoption of John Steven Cottrill. Nancy Collins v. Cottrill, 388 So. 2d 302 (Fla. 3d DCA 1980)…CA 1977); In re Adoption of Gossett, 277 So. 2d 832 (Fla. 1st DCA 1973). Cottrill relies on three cases, Watson v. Watson, 330 So. 2d 848 (Fla.3d DCA 1976); In re Adoption of Layton, 196 So. 2d 784 (Fla.3d DCA 1967); and In re Adoption of Corcuera, 145 So. 2d 493 (Fla. 1st DCA 1962), to support her position that the evidence of abandonment was sufficient to justify the trial court’s ruling. Layton and Corcuera both involved extreme infrequency of contact over a prolonged period of years from which abandonmen…
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In re Adoption of Angela E. Vincent, 219 So. 2d 454 (Fla. 1st DCA 1969)…failed to demonstrate an abuse of discretion, or the application of an erroneous principle of law to the issue in dispute, the judgment appealed is affirmed. CARROLL, DONALD K., and RAWLS, JJ-, concur. . In re Adoption of Corcuera, (Fla.App. 1962) 145 So. 2d 493, 494. . See also Rose v. Rose, (Fla.App.1961) 128 So. 2d 156. .In re Adoption of Prangley, 1960) 122 So. 2d 423. (Fla.App.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Whetstone, 137 Fla. 712 (Fla. 1939)
- In re Petition for Adoption of Sandra Eleanor Prangley. Arthur G. Prangley v. Comerford, 122 So. 2d 423 (Fla. 2d DCA 1960)