A.M.W. v. North Dakota Department of Human Services

Summary

The North Dakota Supreme Court affirmed an order denying petitions to terminate a father’s parental rights and for a stepparent adoption. The court held that the district court’s finding that abandonment was not established by clear and convincing evidence was not clearly erroneous, given conflicting evidence concerning visitation, communication, support payments, and the father’s intent.

Holdings

1. The district court did not clearly err in finding that the evidence did not clearly and convincingly establish M.F.'s abandonment of the child.
2. A party seeking termination of the parent-child relationship in an adoption proceeding must prove the grounds for termination by clear and convincing evidence, and the district court's factual determination concerning abandonment is reviewed for clear error.

Questions Presented

1. Whether the district court clearly erred in finding that A.W. and L.W. failed to prove by clear and convincing evidence that M.F. had abandoned the child.
2. Whether the district court clearly erred in denying the petition to terminate M.F.'s parental rights and the related petition for adoption.

Disposition

affirmed