Summary
The Montana Supreme Court affirmed the termination of a father's parental rights and the adoption of his three children by their maternal grandfather. The court held that the grandfather could be treated as a stepparent for purposes of adoption and that the district court did not abuse its discretion in denying the father's request to participate telephonically. The court also concluded that the father failed to provide an adequate appellate record to support his claims of error.
Topics
Practice areas
Questions Presented
- Whether the District Court abused its discretion by terminating Father's parental rights and permitting the maternal grandfather to adopt the children.
- Whether the District Court abused its discretion by denying Father's request to participate telephonically in the hearing.
- Whether the District Court's factual findings were unsupported because it allegedly disregarded evidence concerning Father's financial condition and relationship with the children.
Holdings
- The District Court did not abuse its discretion in terminating Father's parental rights and allowing the maternal grandfather to adopt the children. The findings supported treating the grandfather as a stepparent for purposes of the adoption proceeding and established his standing to adopt.
- The District Court did not abuse its discretion by denying Father's request to participate in the hearing by telephone.
- Father failed to demonstrate reversible error because he did not provide transcripts or an adequate record, and the available record sufficiently supported the District Court's findings.
Key quotations
“It is the duty of a party seeking review of a judgment, order, or proceeding to present this Court with a record sufficient to enable it to rule upon the issues raised.” (¶ 8)
“To a great extent, Father confuses contentions with evidence.” (¶ 10)
Factual background
Father and Mother divorced in 2013 and have three children. Father lived in Los Angeles and had virtually no contact with the children for at least three years, despite visiting Montana on several occasions. The maternal grandfather and his wife regularly cared for the children, and the grandfather had served as a father figure and de facto father. Father was more than $268,000 in arrears on child-support obligations, and the District Court found him unfit to parent.
Procedural history
The grandfather and mother initially petitioned to terminate Father's parental rights and permit the grandfather to adopt the children. After Father defaulted, the District Court granted the petitions, but the Montana Supreme Court reversed because Father had not been properly served and remanded. Following remand, the District Court found that the grandfather qualified to adopt, that Father's consent was not required, and that Father was unfit; it again terminated Father's parental rights and entered adoption decrees. The Supreme Court affirmed.