Summary
The Rhode Island Supreme Court affirmed a Family Court decree granting a joint adoption petition filed by the child's natural mother and maternal grandfather and terminating the noncustodial father's parental rights. The court held that Rhode Island General Laws § 15-7-5(b) permits a natural parent and grandparent to file a joint adoption petition, and that the father's prolonged lack of contact constituted abandonment under § 15-7-7(a)(4).
Holdings
- Section 15-7-5(b) permits a natural parent to file an adoption petition in combination with either the parent's spouse or a grandparent of the child; therefore, Tammy Macchio and Anthony Macchio properly filed the joint petition.
- The Family Court properly terminated the respondent's parental rights because his lack of communication or contact with Abby for more than six months constituted prima facie evidence of abandonment or desertion, and § 15-7-7(a)(4) does not require proof of willfulness.
Questions Presented
- Whether Rhode Island General Laws § 15-7-5(b) permits a natural custodial parent and the child's grandparent to file a joint adoption petition.
- Whether the Family Court properly terminated the respondent's parental rights under Rhode Island General Laws § 15-7-7(a)(4) based on abandonment or desertion.
Disposition
affirmed
Cases Cited (9)
- Martone v. Johnston School Committee, 824 A.2d 426, 431 (R.I. 2003)(followed)
- Mottola v. Cirello, 789 A.2d 421, 423 (R.I. 2002)(followed)
- State v. DiCicco, 707 A.2d 251, 253 n.1 (R.I. 1998)(followed)
- State v. Burke, 811 A.2d 1158, 1167 (R.I. 2002)(followed)
- Town of North Kingstown v. Albert, 767 A.2d 659, 662 (R.I. 2001)(followed)
- In re Chester J., 754 A.2d 772, 776 (R.I. 2000)(followed)
- In re Ryan S., 728 A.2d 454, 457 (R.I. 1999)(followed)
- In re DeKarri P., 787 A.2d 1170, 1172 (R.I. 2001) (per curiam)(followed)
- In re Craig G., 765 A.2d 1200, 1202 (R.I. 2001)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…