Summary 2008 WY 50

Summary of Decision issued April 30, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: In re CW and CW

Citation: 2008 WY 50

Docket Number: S-07-0157; S-07-0158

Appeal from the District Court of Uinta County, the Honorable Dennis L. Sanderson, Judge.

Representing Appellants (Petitioners): John A. Thomas, Evanston, Wyoming.

Representing Appellee (Respondent): Farrah L. Spencer, Harris Law Firm, PC, Evanston, Wyoming.

Guardian Ad Litem: Geoffrey James Phillips, Phillips Law, PC, Evanston, Wyoming.

Facts/Discussion: Mother and Father are the biological parents of CW1 and CW2. Mother and Father never married. In 2002, Mother married Husband. In these two consolidated appeals, Mother and Husband challenge the district court’s denial of their petition to adopt the two children and Mother challenges the district court’s denial of her petition to terminate Father’s parental rights.
Father had never been ordered to make any child support payments. The district court stated that because of the absence of a defined child support obligation and the duty of the court to strictly construe the statutes against terminating a non-consenting parent’s rights, the adoption could not be granted. The court also found it was impossible for Father to bring the child support current because it was impossible to state the amount of the obligation. Mother and Husband relied on In re Adoption of GAR. The legislature amended the statutes after GAR was decided in 1991 adding that an adoption may be granted over the objection of a parent if that parent has failed to bring the support obligation current within 60 days. In the instant case, Father asked the court to establish child support payments in his petition to establish paternity. The Court reaffirmed that every parent has a duty to contribute to the support of their child with or without a court order. Under the circumstances of the instant case, the Court would not disturb the ruling that Father had not willfully failed to make child support payments or to bring them current.
The Court noted that the statute provides that the adoption of a child may be ordered without the written consent of the parent. Even if the district court had concluded that one or more of the statutory factors had been met, it was still not required to order the adoption if it found other valid grounds for denying it. The district court’s decision letter showed that it carefully weighed the conflicting evidence about the best interests of the children in making their decision.
The Court has previously held that the adoption statutes control over the more general provisions found in the paternity statutes. Because the district court denied the adoption, its further decision to deny Mother’s petition to terminate Father’s parental rights worked no prejudice against Mother.

Holding: The Court would not disturb the ruling that Father had not willfully failed to make child support payments or to bring them current. Because the district court denied the adoption, its further decision to deny Mother’s petition to terminate Father’s parental rights worked no prejudice against Mother.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/648frk .

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