In re Sean M.

• Decision Date: 27 April 2012
• Docket Number: Sept. Term, 2011.,No. 1836,1836
• Citation: 42 A.3d 722,204 Md.App. 724
• Parties: In re ADOPTION OF SEAN M.
• Court: Court of Special Appeals of Maryland

204 Md.App. 724

42 A.3d 722

In re ADOPTION OF SEAN M.

No. 1836, Sept. Term, 2011.

Court of Special Appeals of Maryland.

April 27, 2012.

Philip J. Sweitzer, Baltimore, MD, for appellant.

Thomas F. Ellis, III, Annapolis, MD, for appellee.

Panel: EYLER, DEBORAH S., ZARNOCH, and BERGER, JJ.

BERGER, J.

This case concerns the stepparent adoption of a minor child, Sean M. (“Sean”). Appellant William H., Sean's purported father (“Father”) filed an objection to the stepparent adoption, but did so beyond the time provided by the juvenile court's show cause order. Appellant Jeffrey K. (“Stepfather”) moved to strike the late objection, and the Circuit Court for Queen Anne's County granted the motion. Following the order to strike, Father filed motions to alter and amend judgment and to stay adoption proceedings, both of which the circuit court denied. This timely appeal followed.

Father presents two issues for our review, which we have rephrased as follows:

I. Whether a natural parent's failure to file a timely objection to a proposed independent adoption, as directed in a show cause order, constitutes an irrevocable consent to the adoption.

II. Whether the statutory scheme resulting in an irrevocable deemed consent to an independent adoption offends the due process rights of the parent.

For the reasons set forth below, we affirm the judgment of the Circuit Court for Queen Anne's County.

FACTUAL AND PROCEDURAL BACKGROUND

Sean, the minor child who is the subject of this case, was born on June 16, 2009, to Moira K., his mother (“Mother”). Mother and Father, an attorney licensed to practice in the State of Maryland, were in a romantic relationship during April through November of 2008. Shortly after Sean's birth, on July 14, 2009, Mother filed a custody action against Father in the Circuit Court for Anne Arundel County, alleging that “William [H.] is the natural father of the minor child.” Mother sought sole legal and physical custody of Sean. In his answer to the complaint, Father denied that he was Sean's natural father, and the custody case was ultimately dismissed by the agreement of the parties.

Since his birth, Sean has resided exclusively with Mother. Since Mother and Stepfather's marriage on October 16, 2010, Sean has resided with both Mother and Stepfather. Additionally, Stepfather has been involved with Sean's life on a daily basis since Sean was born. Mother asserts that, as of the time the instant action was filed, Father had not been involved with Sean since his birth, had not attempted to establish paternity, and had not attempted to assert any parental rights.¹ Having been involved with Sean since his birth and intending to remain in a parental role, Stepfather filed a Petition for Stepparent Adoption of a Minor on March 30, 2011. Mother consented to Stepfather's adoption of Sean, and filed a Consent to Adoption without Termination of Parental Rights.

The Petition for Stepparent Adoption stated in paragraph 7:

That the natural father of the minor child has not been identified; no persons alleging to be the natural father of the minor child have come forward; and no natural father is listed on the minor child's birth certificate. However, in July, 2009 the natural mother of the minor child, Moira ... filed a Complaint for Custody against William ...; case number C–09–142875 in the Circuit Court for Anne Arundel County, Maryland. The Complaint and case was [sic] dismissed by the parties on or about January 21, 2010....

The Petition for Stepparent Adoption also noted that, “the natural father of the child is not joining in the present petition.” In paragraph 10, the Petition stated:

That if William ... is the natural father of the minor child, he has abandoned his parental rights to the minor child, Sean, for the following reasons:

I. He denied that he is the natural father of the minor child in his Answer to Complaints which was filed under oath with this Honorable Court....

II. He has not exercised any parental rights since the minor child's birth;

III. He has not attempted to make any contact with the minor child, has not contacted the minor child by telephone, letters, cards, gifts, or in any way made an effort to see the minor child since birth;

IV. He has not attempted to contribute financially or otherwise to the support and maintenance of the minor child.

The Petition further states, in paragraph 12, that “[i]t is in the best interests of the minor child, Sean, that the parental rights of William ..., or any other person who may allege to be the natural father of the minor child, be terminated.” Along with the Petition, Stepfather, through counsel, filed a Line requesting that the court file “a Show Cause Order and Notice of Objection to William ..., who is the person suspected of being the natural father to the minor child to be adopted in the above captioned matter.” On April 15, 2011, the court issued a show cause order and notice of objection to Father, and Father was properly served by personal service on April 29, 2011.

The show cause order stated, in pertinent part (emphasis in original):

RELATIONSHIP TO POTENTIAL ADOPTEE: [Purported] FATHER

You are hereby notified that:

1. A Petition has been filed for the adoption of Sean ..., who was born on June 19, 2009 in Queen Anne's County, Maryland.

2. If you wish to object to the adoption(s), you must file a notice of objection with the Clerk of the Court at Circuit Court for Queen Anne's County ... within thirty (30) days after this Order is served on you. For your convenience, a form notice of objection is attached to this Order.

WHETHER THE PETITION REQUESTS ADOPTION OR GUARDIANSHIP, IF YOU DO NOT MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED ABOVE, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.

The Form Notice of Objection, which was provided to Father along with the show cause order, stated, in pertinent part:

Instructions to the person served with the show cause order: IF YOU WISH TO OBJECT, YOU MUST MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN THE SHOW CAUSE ORDER. You may use this form to do so. You need only sign this form, print or type your name, address, and telephone number underneath your signature, and mail or deliver it to the court at the address shown in paragraph 2 of the show cause order. IF THE COURT HAS NOT RECEIVED YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.

Any objection to the show cause order was required to be received by the Circuit Court for Queen Anne's County by Tuesday, May 31, 2011.² Father's objection, however, was not received by the court until Wednesday, June 1, 2011, one day after the thirty-day deadline.³ Stepfather, through counsel, filed a Motion to Strike Late Notice of Objection on June 13, 2011, arguing that the objection should be stricken as untimely. The parties filed various responses to the Motion to Strike, and the court held a hearing regarding the motion on August 8, 2011. The Circuit Court for Queen Anne's County granted Stepfather's Motion to Strike Late Notice of Objection and further ordered that the adoption proceed in the normal course, as uncontested. In his order, the circuit judge stated:

Title 9 of the Maryland Rules of Procedure applies. Specifically, 9–107(b), applies and it sets forth that any notice of objection to an adoption or guardianship shall be filed within 30 days after the show cause order is served. In this case, the show cause order, which complies with the rules and the forms, was served by personal service. It was served on April 29th of 2011. Notice of objection was filed in this court on June 1st 2011. By my calculations and I think its also been stated here today, that is two days late.⁴

Quite simply, the Court is to determine whether 9–107 is mandatory. I have heard no reason that would create good cause to exceed the rule. There has been no indication of any disability or of any other reason, its just a late filing and because of that, I find that the motion to strike is appropriate and I'll strike the notice of objection.⁵

Thereafter, Father filed a motion to Alter and Amend Judgment on August 18, 2011, and filed an Emergency Motion to Stay Adoption Proceeding on August 24, 2011. The court denied both motions on September 12, 2011. This timely appeal followed.

STANDARD OF REVIEW

In child custody and termination of parental rights cases, this court utilizes three interrelated standards of review. In re Adoption of Victor A., 386 Md. 288, 297, 872 A.2d 662, 667 (2005) (citing In re Yve S., 373 Md. 551, 586, 819 A.2d 1030, 1051 (2003)). The Court of Appeals described the three interrelated standards as follows:

We point out three distinct aspects of review in child custody disputes. When the appellate court scrutinizes factual findings, the clearly erroneous standard of [Rule 8–131(c) ] applies. [Second,] if it appears that the [court] erred as to matters of law, further proceedings in the trial court will ordinarily be required unless the error is determined to be harmless. Finally, when the appellate court views the ultimate conclusion of the [court] founded upon sound legal principles and based upon factual findings that are not clearly erroneous, the [court's] decision should be disturbed only if there has been a clear abuse of discretion.

In re Yve S., supra, 373 Md. at 586, 819 A.2d at 1051. We review the trial court's conclusions as to matters of law de novo. In re Adoption/Guardianship of Audrey B., Adriana H., and Eric H., 186 Md.App. 454, 463, 974 A.2d 965, 970 (2009) (quoting Schisler v. State, 394 Md. 519, 535, 907 A.2d 175 (2006) (“[W]here an order [of the trial court] involves an interpretation and application of Maryland constitutional, statutory or case law, [the appellate court] must determine whether the trial court's conclusions are ‘legally correct’ under a de...