IN RE THE MATTER OF ADOPTION OF SUZANNE MICHELLE NOBLE

Fla. 4th DCA | 1977-09-20
No. 76-617
DOWNEY and DAUKSCH, JJ., concur.
349 So. 2d 1215 Florida District Court of Appeal, Fourth District (1977) Negative Treatment
Cited by 36 cases

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Synopsis

The Florida Fourth District Court of Appeal reversed a final judgment of adoption, holding that the trial court improperly terminated parental rights without clear and convincing proof of complete abandonment by the natural parent. The court established that fitness of adoptive parents and the child's best interests are insufficient alone to justify adoption over a natural parent's objection.


Holding

The court held that permanent termination of parental rights without parental consent requires clear and convincing proof of complete and total abandonment of the child. Mere unfitness to provide custody, neglect, disinterest, or temporary failures in parental obligations are insufficient to justify adoption by strangers over a natural parent's objection.


Headnotes

[1] Termination of parental rights for adoption requires proof of abandonment, not merely that adoption would be in the child's best interest.

[2] Abandonment for adoption purposes requires clear and convincing proof of a natural parent's conduct showing a complete abandonment of the child.

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Key Quotes

“Adoption completely severs parental ties. Such permanent termination of parental rights and responsibilities must not be ordered without parental consent except upon clear and convincing proof that the natural parent has conducted himself in such a way as to show a complete abandonment of the child.”

Establishes the stringent legal standard required to terminate parental rights without consent in adoption cases.

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Facts & Procedural History

In October 1972, the mother placed her daughter Suzanne Michelle Noble with Suzanne and Charles Gale temporarily while she worked. After returning fro…

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Opinion of the Court
BURNSTEIN, MIETTE K., Associate Judge.

BURNSTEIN, MIETTE K., Associate Judge.

This appeal arises from the granting of a final judgment of adoption of Suzanne Michelle Noble by Suzanne Gale and her husband, Charles Gale, appellees herein.

In October 1972 the mother placed the child with the Gales until she was able to resume custody. Mrs. Gale had several children of her own and was able to devote her full attention to homemaking and child-rearing. The child remained with the Gales until Ms. Noble, who was working in New Hampshire, returned to Florida the following September to take the child back. After two weeks in New Hampshire, where Ms. Noble acknowledged that she was unable to cope with the rigors of rearing a small child and maintain a demanding full-time job, she asked Mrs. Gale to resume care of the child.

Although adoption was discussed, no final determination was made, nor was any consent executed.

The child remained with the Gales, although the natural mother remained in touch with the Gales, sent periodic checks for the child’s care, visited with the child on at least three or four occasions, sent birthday presents, Christmas and other gifts, made medical payments, bought items of clothing from time to time and telephoned the Gales regularly to inquire of the child.

On January 24th, 1975, the Appellees filed their petition for adoption; appellant counter-petitioned for custody. The Department of Health and Rehabilitative Services — Office of Social and Economic Services, filed its findings that the child is loved and considered part of the Gales’ family; and that the natural mother is a stable employee, capable of formulating and carrying out plans for herself and the child.

Both parties are financially capable of caring for the child although the Gales are substantially better able to provide for her. The trial court found that the petitioners are fit and proper persons to adopt Suzanne Michelle Noble and that the child’s best interests would be promoted by such adoption, and granted the adoption.

We find no error in the determination that the Gales are fit and proper, nor do we question a finding that the child’s best interests may be promoted by awarding her custody to the Gales. We do, however, find that these standards, with nothing further, are insufficient to terminate parental rights permanently. Due regard must be given to the rights of a natural parent. Wiggins v. Rolls, 100 So. 2d 414 (Fla.1958).

Adoption completely severs parental ties. Such permanent termination of parental rights and responsibilities must not be ordered without parental consent except upon clear and convincing proof that the natural parent has conducted himself in such a way as to show a complete abandonment of the child. La Follette v. Van Weeldon, 309 So. 2d 197 (Fla. D.C.A. 1st 1975).

We decline to follow Jones v. Allen, 277 So. 2d 599 (Fla. D.C.A. 2nd 1973). That case held that something less than complete and total abandonment by natural parents was sufficient to permit adoption by strangers. Neglect by the natural parents or disinterest and failure to carry out parental obligations does not justify adoption of a child by strangers over the natural parents’ objection.' Temporary failures and derelictions of parents, while possibly justifying deprivation of custody, will not support judgment of adoption. In re Adoption of Gossett, 277 So. 2d 882 (Fla. D.C.A. 2nd 1973). We follow the stringent standard of Wiggins, supra.

In the case presently before us, we find a concerned natural parent, who, though admittedly is unable to cope with many parental obligations, is, nevertheless, entitled to the future benefits of maternal pride and a familial heredity.

Accordingly, we reverse and set aside the final judgment of adoption and remand this cause to the trial court for a determination of custody.

REVERSED with directions.

DOWNEY and DAUKSCH, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (18 total)

  • …t interests of the child and herself.” Id. at 746. By this action, we have effectively ignored and retreated from the long-honored and consistently stringent standard of abandonment set out in numerous Florida cases such as In re Adoption of Noble, 349 So. 2d 1215 (Fla. 4th DCA 1977).27 In Noble the court reversed an adoption involving facts much more egregious than those involved herein, and declared: Adoption completely severs parental ties. Such permanent termination of parental rights and responsibilitie…
    1 / 2
  • In re The Adoption OF John DOE v. ROE, 543 So. 2d 741 (Fla. 1989)
    …d the adoption and requested Mary to sign no papers. That Richard did all of this for Mary, her older son, and the baby, after Richard knew she was pregnant and before the baby was born, is un-contradicted in the record. . In re Adoption of Noble, 349 So. 2d 1215 (Fla. 4th DCA 1977). Accord In re Adoption of Lewis, 340 So. 2d 126 (Fla. 1st DCA 1976), cert. denied, 346 So. 2d 1248 (Fla.1977); In re Adoption of Gossett, 277 So. 2d 832 (Fla. 1st DCA 1973). . Smith v. Moore, 481 So. 2d 36 (Fla. 1st DCA 1985); T…
  • Solomon v. Donald L. McLUCAS et ux., 382 So. 2d 339 (Fla. 2d DCA 1980)
    …ennifer be granted to appellees. These findings and conclusions do not provide a legally sufficient basis for terminating the rights of a natural parent by granting a petition for adoption without that parent’s consent. Matter of Adoption of Noble, 349 So. 2d 1215 (Fla. 4th DCA 1977). Despite what this court and other Florida courts may have said in the past indicating that an adoption may be granted over the objection of a natural parent if it would serve the best interests of the child, since the passage of…

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