D.A.H., step-parent; and K.R.H, mother, Petitioners and Appellees v. D.A.D., father, Respondent and Appellant

Summary

The North Dakota Supreme Court affirmed an order terminating a father's parental rights in connection with a step-parent adoption. The court held the evidence supported findings that the father abandoned the child and concluded that incarceration, together with other circumstances, supported abandonment under N.D.C.C. § 14-15-01(1). The court rejected the father's constitutional challenge and affirmed the termination order.

Holdings

1. The district court's finding that D.A.D. abandoned G.M.H. is not clearly erroneous because there was evidence to support it, the court did not misapply the law, and the reviewing court is not left with a definite and firm conviction a mistake has been made.
2. The district court did not abuse its discretion in terminating D.A.D.'s parental rights because he failed to demonstrate the court misapplied the law, acted arbitrarily or unreasonably, or that its decision was not the product of a rational mental process.
3. The definition of 'abandon' in N.D.C.C. § 14-15-01(1) does not violate constitutional rights because it requires courts to consider incarceration when determining whether a parent's actions were 'without justifiable cause,' and D.A.D. failed to demonstrate the court's application violated his rights.

Questions Presented

1. Whether the district court clearly erred in finding D.A.D. abandoned G.M.H.
2. Whether the district court clearly erred in finding parental rights should be terminated due to misconduct, faults, or neglect
3. Whether the district court abused its discretion in terminating parental rights
4. Whether the district court's application of N.D.C.C. § 14-15-01 violated D.A.D.'s constitutional rights

Disposition

affirmed