CML v. ADBL (In re CJML)
Decision Date | 20 February 2020 |
Docket Number | S-19-0139 |
Citation | 458 P.3d 53 |
Parties | In the MATTER OF the ADOPTION OF: CJML and KDL, minor children, CML and SRL, Appellants (Petitioners) v. ADBL, Appellee (Respondent). |
Court | Wyoming Supreme Court |
Representing Appellants: Sky Phifer, Phifer Law Office, Lander, Wyoming.
Representing Appellee: Alexandria Zafonte, Joel M. Vincent Law Office, Riverton, Wyoming.
Before DAVIS, C.J., and FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ.
[¶1] CML (Father) and SRL (Stepmother) petitioned the district court for adoption of CML and ADBL’s (Mother) two minor children pursuant to Wyo. Stat. Ann. § 1-22-110(a)(ix). Mother contested the adoption. After a two-day bench trial, the district court denied the petition, and this appeal followed. We affirm.
[¶2] Did the district court abuse its discretion in determining Mother’s failure to pay 70% or more of the court-ordered child support for a two-year period was not willful?
[¶3] Father filed for divorce in August 2013. Mother tested positive for methamphetamine on the day of the temporary custody hearing, and the district court awarded Father temporary custody. The divorce was finalized on May 5, 2014. The stipulated divorce decree required Mother to pass biweekly drug tests for eight consecutive weeks. It also stated that Mother would have visitation every other weekend and that the first two visits would be supervised. Mother moved to Pinedale shortly after the district court entered the divorce decree. Mother exercised unsupervised visitation while in Pinedale, though this was complicated by Father intermittently suspending visitation rights. In September 2014, Mother was charged with possession of a controlled substance. Mother was arrested in November 2014 for a bond violation. When Father called to arrange the Christmas visitation schedule, he learned she was in jail and suspended visitation. Mother has not had visitation with her children since December 2014. Mother moved from Pinedale to Riverton and then from Riverton to Casper to find better paying employment to meet her support obligation. Mother also paid for and received multiple substance abuse evaluations in an effort to reinstate visitation.
[¶4] Despite being employed and switching jobs to obtain higher paying employment, Mother is behind on child support and the district court twice held her in contempt for failure to meet her child support obligation. On August 17, 2017, Father and Stepmother petitioned the district court to allow Stepmother to adopt Father and Mother’s two minor children, based on Wyo. Stat. Ann. § 1-22-110(a)(ix) ( ).1 The parties agreed that Mother failed to pay at least 70% of the court-ordered support for a period of two years or more, and that she failed to bring the support obligation current within sixty days after service of the petition for adoption. However, the parties disagreed over whether the failure to pay the support was willful. The district court determined that Mother’s failure to pay was not willful and denied the petition.
[¶5] We first address Appellants’ argument that the district court erred as a matter of law in interpreting and applying Wyo. Stat. Ann. § 1-22-110(a)(ix). Appellants mischaracterize the district court’s decision as a finding that Mother’s failure to meet her support obligation was justified by her attempts to regain visitation, and then argue that finding was contrary to law because denial of visitation is not grounds for the nonpayment of child support. They contend this is an incorrect interpretation of the statute, thus requiring de novo review. It is undisputed that denial of visitation does not excuse a parent from payment of child support. Broyles v. Broyles , 711 P.2d 1119, 1128 (Wyo. 1985). However, the issue in this case is not whether Mother’s failure to fully pay child support was justified because Father denied her visitation. See In re Adoption of MMM , 2018 WY 60, ¶ 26, 419 P.3d 490, 498 (Wyo. 2018). Rather, the issue is whether she willfully withheld support. The question of whether a parent willfully withheld support is not subject to de novo review.2 E.g. , MMM , 2018 WY 60, ¶ 10, 419 P.3d at 493 ; In re Adoption of AMP , 2012 WY 132, ¶ 9, 286 P.3d 746, 748 (Wyo. 2012) ; In re Adoption of RMS , 2011 WY 78, ¶ 7, 253 P.3d 149, 151 (Wyo. 2011) ; In re CW , 2008 WY 50, ¶ 8, 182 P.3d 501, 503-04 (Wyo. 2008) ; In re Adoption of JRH , 2006 WY 89, ¶ 13, 138 P.3d 683, 686-87 (Wyo. 2006).
[¶6] We have long held that the "decision to grant or deny an adoption without parental consent is within the discretion of the district court." MMM , 2018 WY 60, ¶ 10, 419 P.3d at 493 (citing In Interest of SO , 2016 WY 99, ¶ 10, 382 P.3d 51, 54 (Wyo. 2016) ). In determining whether the district court abused its discretion, the ultimate question is whether it could reasonably decide as it did. MMM , 2018 WY 60, ¶ 10, 419 P.3d at 493. We must also determine whether the evidence is sufficient to support the district court’s decision. Id . In reviewing the sufficiency of the evidence, "we accept the successful party’s submissions, granting them every favorable inference fairly to be drawn and leaving out of consideration conflicting evidence presented by the unsuccessful party." Id. (quoting SO , 2016 WY 99, ¶ 11, 382 P.3d at 54 ).
[¶7] A district court’s decision to grant an adoption without a parent’s consent "effectively terminates that parent’s parental rights." AMP , 2012 WY 132, ¶ 11, 286 P.3d at 749. Because both the Wyoming and United States Constitutions protect the right to associate with one’s child, adoption statutes are "strictly construed when the proceeding is against a nonconsenting parent, and every reasonable [inference] is made in favor of that parent’s claims." Id . The party requesting the adoption must prove the existence of at least one of the statutory factors by clear and convincing evidence. Id. We have defined clear and convincing evidence as the "kind of proof which would persuade a trier of fact that the truth of the contention is highly probable." Id . (quoting JRH , 2006 WY 89, ¶ 13, 138 P.3d at 686-87 ).
Wyo. Stat. Ann. § 1-22-110(a)(ix) (LexisNexis 2019).
TLC , 2002 WY 76, ¶ 27, 46 P.3d at 873. Here, "willfully" means "intentionally, knowingly, purposely, voluntarily, consciously, deliberately, and without justifiable excuse, as distinguished from carelessly, inadvertently, accidentally, negligently, heedlessly or thoughtlessly." AMP , 2012 WY 132, ¶ 13, 286 P.3d at 749. We recognize that ...
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