Adoption/Guardianship No. 11137 in Circuit Court for Montgomery County, In re
Citation | 664 A.2d 443,106 Md.App. 308 |
Decision Date | 01 September 1994 |
Docket Number | No. 1924,1924 |
Parties | In re ADOPTION/GUARDIANSHIP NO. 11137 IN the CIRCUIT COURT FOR MONTGOMERY COUNTY. , |
Court | Court of Special Appeals of Maryland |
Argued before ALPERT, CATHELL and HOLLANDER, JJ.
Appellant, Seanna B., appeals from a Decree of Final Adoption entered on September 2, 1994, in favor of appellees, Mr. and Mrs. B., 1 by the Circuit Court for Montgomery County (Miller, J., presiding). She challenges the validity of her consent thereto, and the propriety vel non of the court's order, setting forth the following issues for our consideration:
1. Whether the Court properly entered a Decree of Adoption from a procedural standpoint.
2. Whether the Consent to Adoption was procured by duress or undue influence.
3. Whether there was a valid revocation of the Consent.
4. Whether the lower court's factual findings prohibit the legal conclusion that the Consent was valid.
We shall reverse.
Appellant gave birth to her first child (the "child") on October 27, 1985. In November of 1988, an Order was entered in the Circuit Court for Montgomery County appointing appellees, the child's grandparents and appellant's parents, his co-guardians, with appellant's consent. This was later renewed on October 12, 1990, again with appellant's consent. The sole purpose of the guardianship was to provide the child with medical insurance under the grandparents' coverage.
In August of 1992, appellees, pro se, filed a document entitled "Petition for Independent Adoption" with the trial court, using a form the copy of which was obtained by Mr. B. from a book at the local library. At the time of the filing, appellees did not have appellant's consent and knew that they would have to "work on her" to obtain it. Moreover, appellees made no effort to inform appellant (their own daughter) that they were attempting to adopt her child. Thus, appellant was completely unaware that the petition had been filed. Additionally, no show cause order, as required, was issued to inform her thereof. 2
Later, on January 11, 1993, appellant, still unaware of the pending litigation, before a notary, signed a document presented to her by her father, entitled "Consent to Adoption and Waiver of Notice of Process." This form was also obtained from a book at the library. Both parties differ in their account of the events of that day. Appellant states that she, still unaware of appellees' efforts to adopt the child and of their prior initiation of adoption proceedings, was called to her parents' home. She was accompanied there by a classmate Upon her arrival at her parents' house, appellant was greeted by her father's request that she "sign the papers." Appellant testified that she did not know the papers to which he referred and, forestalling her father's efforts, indicated to him her desire to discuss the matter at a later time. Mr. B., however, would not be put off; he stated, "You are going with me, and you're going now." At that point, appellant and Provost, in one car, and Mr. B., in another, drove to a notary not far from appellees' home. At the notary, more discussion took place, culminating in appellant signing the document.
Kathy Provost, who also testified at the hearing on appellant's Motion to Revoke her Consent.
Provost testified that appellant was very upset by the entire incident and felt pressured by her father's machinations. When appellant and her father exited the place wherein the two entered to sign the "papers," appellant is said to have told her father "that she was going to try to get it overturned," to which he responded that she would be unsuccessful; "she had already lost her right."
Mr. B. offered contrary testimony--appellant is said to have indicated to him, on January 11, 1993, her readiness to sign. He testified that he asked appellant if she was certain of her decision and appellant responded, "Yes." Mr. B. further stated that he had in no way forced her to sign the document and denied that appellant told him she would get the consent set aside. According to him, appellant signed the consent voluntarily and without, at any time, revoking or expressing an intent to revoke.
THE STANDARD OF REVIEW
The scope of review of a trial court's decision in adoption proceedings is generally limited to whether the trial court abused its discretion or whether the findings of fact by the trial court were clearly erroneous. Coffey v. Dep't of Social Servs., 41 Md.App. 340, 346, 397 A.2d 233 (1979). If it appears that the chancellor erred as to matters of law, further proceedings in the trial court will ordinarily be required unless the error is determined to be harmless. Davis v. Davis, 280 Md. 119, 126, 372 A.2d 231, cert. denied, 434 U.S. 939, 98 S.Ct. 430, 54 L.Ed.2d 299, reh'g denied, 434 U.S. 1025, 98 S.Ct. 754, 54 L.Ed.2d 774 (1977). The reviewing court, however, must exercise its best judgment in determining the ultimate question of whether the chancellor abused his discretion in determining what is best for the welfare, benefit, and interest of the child. Nutwell v. Prince George's County Dep't of Social Servs., 21 Md.App. 100, 107, 318 A.2d 563 (1974).
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