Utah Court Case: In re S.L.F.

In the matter of the adoption of S.L.F., a minor. T.S., Appellee, v. L.F., P.P., and S.L.F., Appellants. 

COURT OF APPEALS OF UTAH 

2001 UT App 183; 27 P.3d 583; 423 Utah Adv. Rep. 13; 2001 

June 7, 2001, Filed 

Second District, Farmington Department. The Honorable Thomas L. Kay. 

Appellants had sufficient notice that compliance with the Adoption Statute was at issue, and therefore, they were not denied due process. The trial court properly ruled that Child was not "placed for adoption" until the petition was filed in the proper court. Because Child was over six months old and Father had developed a substantial relationship with her, the Adoption Statute required Appellants to give Father notice. Appellants failed to give him notice; therefore, the adoption was not final as to Father and he is entitled to contest the adoption. 

COUNSEL:
Kathleen M. McConkie, Salt Lake City, for Appellants Randy S. Ludlow, Salt Lake City, for Appellee. 

JUDGES:
Judith M. Billings, Judge. James Z. Davis, Judge (concurring). Russell W. Bench, Judge (concurring in result). 

OPINIONBY:
JUDITH M. BILLINGS 

OPINION:

OPINION

BILLINGS, Judge:

L.F. (Mother), P.P. (Grandmother) and S.L.F. (Child) appeal the trial court's ruling that Grandmother's adoption of Child does not terminate T.S.'s (Father) parental rights. We affirm.
BACKGROUND

In 1996 Mother became pregnant as a result of a sexual relationship with Father. During the pregnancy, Father gave Mother money and purchased clothing, diapers, a changing table, and other items for Child.

Following Child's birth on March 26, 1997, Mother and Child resided with Grandmother in Davis County. On April 21, 1997, Grandmother filed an adoption petition, accompanied by Mother's consent, in Third District Court in Salt Lake County. Child's living conditions did not change after the petition was filed. In fact, Mother and Child have always resided with Grandmother, and due to health problems, Mother does not work and has always taken care of Child.

When the adoption petition was filed, Father also resided in Davis County. However, he was not told about the adoption petition or Mother's consent, and Mother and Grandmother permitted him to visit Child regularly, on average twice per month.

No actions were taken to complete the adoption until January 12, 1998, when Grandmother filed a motion for a change of venue to transfer the petition to Second District Court in Davis County. On February 9, 1998, that court granted the petition and entered an adoption decree. Sometime in February, Mother told Father about the adoption; however, Mother and Grandmother continued to permit Father to visit Child until early July 1998.

In addition to visiting Child, beginning in April 1997, Father voluntarily paid $ 165.00 per month in child support. In December 1997, Father received a raise and increased the support to $ 175.00. He made monthly payments until February 1998, when Mother refused further payments. Father also offered to place Child on his health insurance, but Mother refused his offer.

On September 15, 1998, Father filed a complaint alleging various fraud claims and that the adoption was a sham. The complaint demanded that the adoption be set aside, that Father be deemed Child's natural father, and that he be given parental rights. Appellants filed a motion to dismiss, but following a hearing, the trial court denied the motion.