White v. Adoption of Baby Boy D.

• Citation: 10 P.3d 212,2000 OK 44
• Decision Date: 13 June 2000
• Docket Number: No. 93621.,93621.
• Parties: Richard David WHITE, Petitioner-Appellant, v. In the Matter of the ADOPTION OF BABY BOY D., a/k/a R.D.W., Chosen Child Adoption Agency, Inc., Wayne and Nancy Doe and R.D.W., a Minor Child, Respondents-Appellees.
• Court: Supreme Court of Oklahoma

10 P.3d 212

2000 OK 44

Richard David WHITE, Petitioner-Appellant, v. In the Matter of the ADOPTION OF BABY BOY D., a/k/a R.D.W., Chosen Child Adoption Agency, Inc., Wayne and Nancy Doe and R.D.W., a Minor Child, Respondents-Appellees.

No. 93621.

Supreme Court of Oklahoma.

June 13, 2000.

Rehearing Denied September 12, 2000.

Michael Scott Ashworth, Tulsa, Oklahoma, For Petitioner/Appellant Richard David White.

Catherine L. Campbell and Matthew B. Free of Best & Sharp, Tulsa, Oklahoma, For Respondents/Appellees, Intervenors Wayne and Nancy Doe.

Denny Johnson, Tulsa, Oklahoma, For Baby Boy D., a/k/a R.D.W., a Minor Child.

April D. Parnell of Herrold, Herrold, Sutton & Davis, P.A., Tulsa, Oklahoma, for Respondent/Appellee Chosen Child Adoption Agency, Inc. WINCHESTER, Justice:

¶ 1 This matter concerns an appeal from the order of the district court of Tulsa County wherein the court determined it had subject matter jurisdiction over the proceedings and that unwed biological father's parental rights should be terminated pursuant to Title 10 O.S.Supp.1999, 7505-4.2(C)(1) and § 7505-2.1(D)(2) and the minor child, Baby Boy D., a/k/a R.D.W., be declared eligible for adoption. The parties to this appeal are the biological father (Petitioner), Chosen Child Adoption Agency, Inc. (Agency) and the minor child (Baby) (respondents/appellees), and prospective adoptive parents (Does/Intervenors).

FACTS

¶ 2 In the proceedings before the trial court, conflicting testimony abounded. The record before us contains an abundance of evidence, including testimony reflected in transcripts of the trial court's proceedings in the instant matter, that supports the trial court's order terminating Petitioner's parental rights and declaring Baby eligible for adoption. Baby Boy D., a/k/a R. D.W. (Baby) was born out of wedlock on March 6, 1999, in Overland Park, Kansas, to Chiquita Darrington (biological mother). The biological mother is a resident of Kansas City, Missouri. Richard David White, biological father and Petitioner herein, also resides in Kansas City, Missouri. The two are not married and never have been. They do not live together. Petitioner never offered to marry the biological mother and never told her that he wanted custody of Baby until after the birth. Petitioner did not offer to pay for prenatal care for the biological mother, although he knew from previous experience with the mothers of his other children that prenatal care was important and valuable to mothers and their babies. Nor did Petitioner encourage the biological mother to seek prenatal care or offer to take her to a doctor for such care, although he was aware of particular physicians which the mothers of his other children had visited for prenatal care. To date, Petitioner's and the biological mother's acquaintance has given rise to three pregnancies, one of which resulted in an abortion that Petitioner helped fund, one in a miscarriage, and the third, in Baby. Petitioner and the biological mother continued to have a physical relationship after Baby's birth, although Petitioner was living with his fiancé. Evidence at the final hearing before the trial court indicated the biological mother believed Petitioner recently had impregnated her for a fourth time.

¶ 3 The biological mother also has a two-year-old daughter, whom Petitioner originally believed was his. Petitioner gave the biological mother between four and five thousand dollars ($4000.00-$5,000.00) to support her during the pregnancy of this other child and during the first year of the child's life. The biological mother informed Petitioner the child was fathered by Jo-Jo or Joseph, and eventually he believed her, but continued to give cash during that one year period.

¶ 4 During the biological mother's pregnancy with Baby, Petitioner was engaged to another woman whom he also had impregnated. This woman gave birth to a daughter approximately four months before the biological mother gave birth to Baby. Petitioner currently lives with this woman, her daughter by another man, and their newborn daughter.

¶ 5 Prior to the birth of the baby girl Petitioner had with his fiancé, they terminated their relationship on several occasions and Petitioner forced her to move out of his residence with her older daughter. During at least two of these periods, prior to Baby's birth, the biological mother moved in with Petitioner. Petitioner and the biological mother experienced discord and when this occurred he forced her and her two-year-old daughter to move out. His fiancé and her older daughter then moved back in with Petitioner.

¶ 6 Testimony revealed several incidents of violence between Petitioner and the biological mother. When she was pregnant with her daughter, she discovered Petitioner in bed with another woman. On this occasion, the biological mother kicked over Petitioner's motorcycle. On another occasion, while the biological mother was pregnant with her daughter, Petitioner informed the biological mother he had pawned a gold necklace she owned to purchase a ring for his fiancé. The biological mother threw a brick at Petitioner but missed him and hit his 1995 Nissan Pathfinder. Petitioner then called the police and had her arrested. One of the biological mother's friends testified that she had witnessed Petitioner physically attack the biological mother. Due to Petitioner's size, this friend had interfered in the altercation and "pulled him off" the biological mother. The biological mother also testified Petitioner physically struck her six times and that when she was pregnant with her daughter, Petitioner kicked her in the stomach. The biological mother testified she went to the hospital to obtain medical attention after this attack by Petitioner.

¶ 7 Petitioner's house is owned by his father, who purchased it so that Petitioner and his fiancé would have a place to live with their newborn daughter. Petitioner pays his father rent, which is assessed at four hundred dollars per month ($400.00), although he frequently does not pay the full amount.

¶ 8 The biological mother did not have the financial resources to support herself when she became pregnant with Baby. Petitioner did not provide her financial support, shelter and other basic necessities even when she was evicted from her Missouri residence. Petitioner testified he gave the biological mother cash in the amount of approximately six hundred dollars ($600.00), for which he had no receipts, and a few chicken dinners. The biological mother initially contemplated having an abortion, but Petitioner refused to help her pay for another one. Therefore, shortly after conception, she moved to Texas to live with her grandmother. At this point, the biological mother began to entertain thoughts of adoption. During her tenure in Texas, Petitioner was aware of her address and telephone number. In fact, he had numerous telephone conversations with her. However, Petitioner failed to provide any support, financial or otherwise, to the biological mother while she was living in Texas although he knew she was in desperate need of money.

¶ 9 The biological mother returned to Kansas City, Missouri, in February 1999, just prior to Baby's birth. Petitioner continued to live with the other woman, his fiancé. Testimony indicated the fiancé argued with the biological mother and threatened her as well as Baby, although Petitioner contended his fiancé agreed to help him rear Baby after her initial shock subsided from learning the biological mother was pregnant with Petitioner's child. Petitioner failed to demand that his fiancé appear in court and testify to demonstrate her alleged willingness to help him rear Baby and to rebut testimony regarding the fiancé's anger and resentment toward the biological mother and Baby.

¶ 10 When Baby was born, the biological mother notified Petitioner and he came to the hospital with his brother, who also testified at the proceedings before the trial court. Petitioner maintained he had purchased some outfits for Baby, along with a receiving blanket and a few other items, which he brought to the hospital. The biological mother testified Petitioner brought nothing for Baby. In any event, he could not produce a receipt for any items and testified that he did not leave the outfits with the biological mother so that Baby actually could make use of them. During one hospital visit, Petitioner noticed a rose that a male friend of the biological mother had given her. He became enraged, verbally abused Mother with expletives and destroyed the rose.

¶ 11 The biological mother again contemplated adoption and spoke with a woman from a Kansas adoption agency at the hospital. Later, she changed her mind because Petitioner assured her he would help care for Baby. They then informed hospital officials they intended to rear the child together, alternating care (days and nights) because the biological mother worked nights and Petitioner worked days. At some point, contrary to this joint arrangement, the Petitioner and the biological mother agreed he would take sole custody of Baby. While at the hospital, personnel asked Petitioner to sign paternity papers so that they could prepare Baby's birth certificate and he declined to do so. Petitioner did not file a petition to determine paternity and obtain custody of Baby prior to birth or immediately thereafter. He also failed to file a paternity instrument with a paternity registry prior to the time Agency filed its initial petition to terminate parental rights.

¶ 12 On March 8, 1999, Petitioner took the biological mother and Baby to her residence in Kansas City, Missouri. Petitioner agreed to return at six o'clock that evening, to care for Baby several hours so the biological mother could rest. Petitioner failed to return at the designated time and thereby failed to appear to care for Baby on the one evening he had agreed to do so. He called at seven o'clock the evening of March 8, 1999, and told the...