B.L.L. v. W.D.C.

Summary

The North Dakota Supreme Court affirmed an order terminating a father's parental rights based on abandonment. The court held that the finding of abandonment was not clearly erroneous, that incarceration combined with parental neglect and limited contact supported termination, and that a best-interests analysis applicable to custody proceedings was not required.

Holdings

1. The district court's finding that W.D.C. abandoned the child was not clearly erroneous because the evidence supported the finding and the Supreme Court was not left with a definite and firm conviction that a mistake had been made.
2. The district court's reference to the Revised Uniform Adoption Act was harmless error because the termination was governed by the Uniform Juvenile Court Act, but the abandonment definitions were identical for purposes of the decision and the district court did not rely on the adoption statute's separate presumption.
3. A best-interests-of-the-child test, as used in custody proceedings, is not required when parental rights are terminated for abandonment under N.D.C.C. § 27-20-44.
4. The appeal was not frivolous, and B.L.L. failed to establish a basis for sanctions; therefore, both requests were denied.

Questions Presented

1. Whether the evidence was sufficient to support the district court's finding that W.D.C. abandoned the child.
2. Whether incarceration, together with limited contact and failure to provide support, precluded a finding of abandonment.
3. Whether the district court was required to apply a best-interests-of-the-child test before terminating parental rights for abandonment.
4. Whether the district court's reference to the Revised Uniform Adoption Act required reversal.
5. Whether B.L.L. was entitled to attorney's fees for a frivolous appeal or sanctions based on an allegedly abusive letter.

Disposition

affirmed