ORVILLE THOMAS LOVELL, APPELLANT,
v.
DAVID L. MASON, APPELLEE
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Florida appellate court reversed an adoption judgment where the trial court granted adoption over the natural father's objection based on indifference and sporadic support payment delays, finding no abandonment or unfitness and insufficient evidence to terminate parental rights.
A trial court cannot terminate parental rights and grant adoption based solely on a natural father's indifference and occasional delinquency in support payments without substantial evidence of abandonment or unfitness for parenthood.
[1] Parental rights cannot be terminated and adoption granted based on a parent's indifference and sporadic delinquency in child support payments absent substantial evidence…
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Join FLexlaw to unlock all legal intelligence“while the natural father has not completely abandoned the child, he has demonstrated a high degree of indifference and a lack of interest in the welfare of the child”
Trial court's findings in the final judgment granting adoption
The trial court granted Mason's petition to adopt the minor child Katherine Louise over the objection of the natural father, Lovell. The trial court f…
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RAWLS, Acting Chief Judge.
The final judgment entered by the trial court granting, over the objection of the natural father, Mason’s petition to adopt the minor child, Katherine Louise, found, inter alia: “3. That the Court has found that while the natural father has not completely abandoned the child, he has demonstrated a high degree of indifference and a lack of interest in the welfare of the child.” (emphasis supplied)
In its order denying a motion for rehearing, the trial court found, inter alia:
“1. That the Court’s ruling in this case was not based on any finding of fact that the natural father was behind in support payments at the time of this hearing. “2. That the Court did take into account in making its Final Judgment of Adoption, that at times the natural father fell behind in making support payments, and at times for periods up to three months before catching up, the Court felt that it was in the best interest of the minor child that the Petition for Adoption be granted.”
The record in this cause overwhelmingly supports the trial judge’s finding that the natural father has not abandoned his child. In Re Adoption of Lewis, 340 So. 2d 126 (Fla. 1st DCA 1976). Glaringly missing in this record is any substantial evidence that the natural father is not a fit subject to continue the privileges and responsibilities of parenthood. Durden v. Henry, 343 So. 2d 1361 (Fla. 1st DCA 1977); and In Re Adoption of Gossett, 277 So. 2d 832 (Fla. 1st DCA 1973).
Upon the trial court’s findings, which are supported by the record, the judgment appealed is
REVERSED.
SMITH and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wylie v. Botos, 416 So. 2d 1253 (Fla. 4th DCA 1982)…e absence of the natural father’s consent to the adoption under Section 63.062 and the existing case law, see e.g. La Follette v. Van Weelden, 309 So. 2d 197 (Fla. 1st DCA 1975); Durden v. Henry, 343 So. 2d 1361 (Fla. 1st DCA 1977); Lovell v. Mason, 347 So. 2d 144 (Fla. 1st DCA 1977); Barrett v. Reed, 363 So. 2d 14 (Fla. 1st DCA 1978); Nelson v. Herndon, 371 So. 2d 140 (Fla. 1st DCA 1979); In Re The Adoption of Sorensen, 385 So. 2d 1057 (Fla. 4th DCA 1980); cf. In the Interest of J. F., 384 So. 2d 713 (Fla. 3…
Authorities Cited
- In re Adoption of Melissa Ann Gossett, 277 So. 2d 832 (Fla. 1st DCA 1973)
- Durden v. In re The Petition of George Henry, Jr., 343 So. 2d 1361 (Fla. 1st DCA 1977)
- Bembo v. State, 340 So. 2d 126 (Fla. 1st DCA 1976)