Steltzlen v. Fritz
| Decision Date | 04 April 2006 |
| Docket Number | No. 102,430.,102,430. |
| Parties | Janelle H. STELTZLEN, Petitioner/Appellant, v. Greggory Kendall FRITZ, Respondent/Appellee. |
| Court | Oklahoma Supreme Court |
Appeal from the District Court of Tulsa County; The Honorable Linda G. Morrissey, District Judge.
¶ 0 Three proceedings involving minor child J.E.D. are consolidated in the trial court: FA 2004-167(Adoption), FD 2004-1109 (Paternity) and PG 1004-131 (Guardianship). Before us on appeal is the trial court's denial of petitioner's application to declare the child eligible for adoption without the consent of the natural father, Greggory Kendall Fritz. We find that the trial court did not abuse her discretion and affirm the ruling of the trial court.
AFFIRMED.
John M. O'Connor, Jennifer K. Kern, Newton, O'Connor, Turner & Ketchum, P.C., Tulsa, OK, for Appellant.
Frank P. Lockhart, Sandra J. Frazier, Frazier & Lockhart, P.C., Sapulpa, OK, for Appellee.
Amy L. Underwood, Tulsa County Public Defenders Office, Tulsa, OK, for Minor Child.
¶ 1 This only question presented by this appeal is whether the trial judge abused her discretion in denying petitioner's application to adopt the minor child J.E.D. without the consent of her natural father, Greggory Fritz.1 The trial judge found that the petitioner concealed the child from Greggory Fritz and that the petitioner failed to prove willful failure to support or maintain a substantial relationship on the part of the father. The trial judge denied the application to declare the child eligible for adoption without the father's consent. We find no abuse of discretion and affirm the trial court.
¶ 2 The child, J.E.D., was born out of wedlock on December 1, 2000, to Merriellen Davenport. No father was listed on the birth certificate. The petitioner for adoption is Janelle Steltzlen, a sixty-six year old lawyer who is not related to J.E.D. At the time of J.E.D.'s birth, her mother was living with Janelle Steltzlen's daughter, Christa Steltzlen. The father was never contacted by the mother, the petitioner or Christa Steltzlen after the child was born, until a petition for co-guardianship was filed in 2004.
¶ 3 The mother and the respondent, Greggory Fritz, had a brief sexual relationship in March preceding the birth of J.E.D. while they both worked at a thrift store in Tulsa. Fritz testified that the mother told him that she had a boyfriend. Mother left her employment at the thrift store shortly after the end of the relationship with father. Father testified that she told him that she was entering a witness protection program. The father left the thrift store shortly thereafter, moved and took a new job.
¶ 4 Father ran into mother at the thrift store approximately seven months later when both were visiting there. Mother was pregnant and she and father talked about the pregnancy. Mother indicated that it was possible that he might be the father. Father offered to take a DNA test and mother declined. As a result of that conversation and because he never heard anything further, father testified that he did not believe that he was the father of the child. Father testified that if the child had been his he would have supported the mother during the pregnancy and birth, and would have assumed his parental responsibilities.
¶ 5 The father reunited with his girlfriend and they married in May, 2001. Shortly after mother became pregnant, she began living with Christa Steltzlen, the petitioner's daughter. They lived together for approximately two years and the mother essentially relinquished the care of J.E.D. to Christa Steltzlen and Christa's mother, the petitioner. In April of 2002, Christa moved her residence and shortly thereafter, J.E.D went to live with Christa. Since her birth, J.E.D. often stayed overnight at the petitioner's house and she stayed with petitioner for four or five months while Christa was incarcerated on drug charges.
¶ 6 In early 2004, petitioner and her daughter Christa applied to be co-guardians of J.E.D. so that they could enroll her in child care and get her onto waiting lists for schools. Janelle Steltzlen testified that she asked J.E.D.'s mother who the father was, so that she could give him notice of the guardianship. Petitioner claims that this is the first she knew that respondent was the father.
¶ 7 Prior to filing the guardianship, Janelle Steltzlen contacted Greggory Fritz by telephone at work, telling him that she was required to give him notice of the guardianship because he was the child's father. Father testified that she told him that he did not need to attend the hearing. Respondent testified that this was the first time he learned that he was J.E.D.'s father. He immediately hired an attorney, filed a paternity action, attended the guardianship proceedings and began steps to recover his daughter. He appeared and objected to the guardianship, but was held to be without standing to object since he had no proof that he was the child's father.2 At the guardianship hearing, the trial judge refused to appoint Christa Steltzlen as one of J.E.D.'s guardians, but appointed the petitioner, Janelle Steltzlen, as J.E.D.'s guardian.
¶ 8 DNA testing established that respondent was the father of J.E.D., and an order determining paternity was entered on May 25, 2004 by Judge Smith. Father immediately filed a motion to terminate the guardianship and to award custody to him. A public defender was appointed to represent the minor child, and a hearing date of June 28, 2004 was set to hear Respondent's motion to terminate the guardianship, as well as custody and visitation issues. That hearing before Judge Smith apparently was not held because the petitioner filed the petition to adopt J.E.D. on June 1, 2004, and all proceedings involving the child were transferred to Judge Morrissey on June 28, 2004 and consolidated.3
¶ 9 Shortly after filing the petition for adoption, petitioner filed an application to adopt without consent of the father.4 Petitioner alleges that the father's consent is not required in this proceeding because several of the 10 O.S. § 7505-4.2 exceptions are present, including failure to support and failure to establish a parental relationship with J.E.D.
¶ 10 Father filed his objection to petition to adopt on June 17, 2004. He contends that he was unaware that he was the father of the child. He stated that subsequent to the relationship with Merriellen Davenport, he moved, married and started a new job. He argues that the mother either gave or abandoned the child to the possession and care of Christa Steltzlen and Janelle Steltzlen, who were unknown to him, and that they never sought to contact him or notify him that his daughter was in their possession. Respondent states that had if he had known that he was the father of the child he would have assumed his parental duties and testified that he supports a child from a previous marriage. He points out that as soon as he was told that J.E.D. was his, he immediately took all steps to assume his parental role and responsibility. He states that he wants to assume custody and control of J.E.D. and that he and his wife have the means, ability, intent and desire to raise the child.
¶ 11 Four days of hearings were held on the matter, with much controverted testimony. The trial judge denied the petitioner's application to allow adoption without consent of the father by order dated June 15, 2005. This appeal followed and petitioner's motion to retain was granted.
¶ 12 The importance of the right to consent to an adoption has been recognized as an important right in and of itself. Merrell v. Merrell, 1985 OK 107, 712 P.2d 35. The law presumes that consent of a child's natural parents is necessary before an adoption may be effected. In the Matter of the Adoption of C.D.M., 2001 OK 103, 39 P.3d 802, 807, cert. den. 535 U.S. 1054, 122 S.Ct. 1911, 152 L.Ed.2d 821. If consent to the adoption has not been obtained from both parents of a child, the petitioner must file an application to the court stating the reason that the consent of the parent is not necessary. 10 O.S. § 7505-4.1. Title 10 O.S. § 7505-4.2 sets out the exceptions to the requirement of parental consent.5 The burden rests on the party who seeks to destroy the bond to show why consent may be dispensed with. Matter of Adoption of C.M.G., 1982 OK 156, 656 P.2d 262. The standard of proof necessary to establish any of the grounds to permit adoption without consent, or for termination of parental rights is clear and convincing evidence. In the Matter of Darren Todd. H., 1980 OK 119, 615 P.2d 287.
¶ 13 In this case, the Petitioner alleges that the respondent wilfully failed refused or neglected to contribute to the support of J.E.D. for a period of twelve consecutive months out of the fourteen months immediately preceding the filing of the petition to adopt, and that he failed to maintain a substantial and positive relationship with J.E.D. for a period of six consecutive months out of the fourteen months immediately preceding the filing of the petition to adopt.6 Thus, petitioner argues, there is no "parental relationship" between the respondent and J.E.D.7
¶ 14 Section 7505-4.2(D) contains a defense to termination on the grounds of non-support during pregnancy or after the birth of a child if the father can prove that he was specifically denied knowledge of the minor or denied the opportunity to exercise his parental rights and abilities. Baby Boy W., 1999 OK 74, 988 P.2d 1270, 1273. To successfully utilize the defense, the father or putative father must prove that he made a sufficient attempt to discover if he fathered a child or to exercise parental rights and duties. Id., 1273-74. The statute requires only that the father must prove to the satisfaction of the court that he has made sufficient attempts to discover if he had fathered a minor.8
¶ 15 The trial judge in the case at bar held that the petitioner failed to meet the...
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...concerning his participation in guardianship proceedings concerning the child. Relying in part on this Court's decision in Steltzlen v. Fritz, 2006 OK 20, 134 P.3d 141, the trial court determined that when Father actually found out about the pregnancy and birth of the child was irrelevant, ......
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