SL v. CAD

Summary

The Wyoming Supreme Court affirmed an adoption decree entered over the biological father's objection. The court held that the father's Colorado child-support obligation was not automatically reduced when children were emancipated or changed residence, although he was entitled to credit for Social Security payments made to the mother. Because the father remained more than 70% in arrears, his consent was unnecessary, and the district court did not abuse its discretion regarding the stepfather's fitness, investigation, pleadings, or visitation.

Holdings

1. Father's obligation to pay the court-ordered lump sum of $686 per month was not automatically reduced when individual children became emancipated or changed residence because no court order had modified the obligation.
2. The district court properly credited Father with the $376 per month in Social Security payments received by Mother on behalf of the children.
3. Father's consent was not required because, even after crediting the $376 monthly Social Security payments, he had paid only approximately fifty-five percent of the $686 monthly obligation and had failed to become current within sixty days after service of the adoption petition.
4. The district court did not abuse its discretion in finding Stepfather fit and competent to adopt.
5. The district court was not required to order an investigation because the adoption-investigation statute gives the court discretionary options, including entering a final decree when the child has resided in the petitioner's home for six months.
6. The district court did not abuse its discretion by rejecting Father's proposed findings or by failing to grant relief based on the pleadings and post-hearing letter.
7. The court declined to award Father custody or visitation and declined to consider the sibling-visitation issue because Father identified no legal basis for visitation by a biological father whose parental rights had been terminated, and the sibling issue was not before the court.

Questions Presented

1. Whether the district court correctly calculated Father's Colorado child-support obligation and arrearages.
2. Whether Father's child-support obligation was automatically reduced when children were emancipated or changed residence without a court order.
3. Whether Social Security payments received directly by Mother were properly credited against Father's child-support obligation.
4. Whether Father's consent to the adoption was unnecessary under Wyo. Stat. Ann. § 1-22-110(a)(ix).
5. Whether the district court abused its discretion in finding Stepfather fit and competent, declining to order an adoption investigation, rejecting Father's proposed findings, and granting the adoption.

Disposition

affirmed