In re Adoption of C.R.

Mother and Father were married when C.R. was born in 2001. Mother and Father later divorced. In 2004, Father was convicted of first degree sexual abuse and, at the time of this opinion, was serving probation. Mother and C.R. had been living continuously with Stepfather since 2006. Mother and Stepfather married in 2010 and subsequently filed a petition for adoption to permit Stepfather to adopt C.R. Father refused to consent to the adoption. The circuit court denied the adoption on the grounds that “the biological father has not abandoned the minor child.” The Supreme Court reversed, holding that because the elements of the statutory presumption of abandonment set forth in W. Va. Code 48-22-306 were satisfied in this case, neither Father’s consent to the requested adoption nor his relinquishment of his parental rights was required. Remanded. View "In re Adoption of C.R." on Justia Law