North Dakota Court Case: Mortenson v. Tangedahl

IN THE MATTER OF THE ADOPTION OF LAURIE LYNN MORTENSON AND DARYN GENE MORTENSON, MINORS, Wesley Dean Mortenson, Petitioner and Appellee v. T. N. Tangedahl, as Executive Director of the Social Service Board, State of North Dakota, Respondent and Terry Baustad, Respondent and Appellant 

Supreme Court of North Dakota 

317 N.W.2d 107

March 18, 1982 

Appeal from the District Court of Williams County, the Honorable William M. Beede, Judge. 

AFFIRMED. 

COUNSEL:
Robert W. Harms, of Harms, Leier & Evenson, Williston, for Petitioner and Appellee.
John H. MacMaster, of MacMaster & Bonner, Williston, for Respondent and Appellant. 

JUDGES:
Pederson, Paulson, Sand, JJ., Erickstad, C.J. Opinion of the Court by VandeWalle, Justice. 

OPINIONBY:
VANDEWALLE 

OPINION:

Terry Baustad appealed from a final decree of adoption n1 entered by the district court of Williams County wherein his parental rights as the natural father of two minor children were terminated and their adoption by Wesley Dean Mortenson was approved. We affirm.

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n1 Section 14-15-15(1), N.D.C.C., provides:
" 1. An appeal from any final order or decree rendered under this chapter may be taken in the manner and time provided for appeal from a judgment in a civil action."

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Terry Baustad and Sharon Baustad were formerly husband and wife and two children were born of their marriage. After nearly 12 years of marriage the couple was divorced and Sharon was granted custody of the two minor children subject to Terry's reasonable visitation rights. Terry was also ordered to pay child support of $ 150 per month. In March of 1980, Sharon married Wesley Mortenson. In March of 1981, Wesley petitioned for adoption of Terry and Sharon's two minor children. The petition for adoption alleged that Terry, the natural father of the children, had not given his consent to the adoption but that such consent "is excused under North Dakota Century Code 14-15-06(1)(b); specifically, Terry Baustad has for a period of at least one year failed significantly, without justifiable cause, to communicate with the children or to provide for the care and support of the children as required by law and decree."
Terry filed a response to the petition for adoption in which he denied Wesley's allegation of failure to communicate with the children, and alleged that his consent to the adoption was not excused, that he had provided for the care and support of the children and had communicated with the children regularly since he was divorced from Sharon, and asked that the petition for adoption be dismissed. On May 15, 1981, a notice that a hearing on the petition was scheduled for July 7, 1981, was issued to the parties by the trial court. Terry failed to appear at the hearing on July 7, but his counsel was present and requested a continuance to permit Terry to be present to testify. The request for continuance was denied and the hearing proceeded. Terry's mother and sister were called as witnesses by Terry's counsel. The hearing resulted in the decree of adoption from which this appeal is taken. Subsequent to the time the district court issued the decree Terry moved the court to reconsider its findings and to receive additional evidence. n2

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n2 We find no disposition of the motion to reconsider in the record but both parties treat the motion as having been denied and we assume for our purposes that the motion was denied.

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