CHILDREN AND THE LAW
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Non-Dependency Term. of Parental Rights
......Adoption: Consent and Withdrawal
8 Cards On This Topic:
Consent to adoption and withdrawal of consent.
F's notice of appeal from orders dispensing with his consent to adoption and terminating parental rights was untimely where time for filing expired 60 days after the court's ruling was filed and served and F filed 4 days later.
Substantial evidence supported finding that abusive, non-supportive F was not a Kelsey S. father, could not refuse adoption consent, and there was no abuse of discretion in terminating his parental rights.
Unwed mother has no unqualified, unilateral right to decide her baby will be adopted and to deny biological F his right to parent his child under either FC §7611 or Kelsey S.—F here qualified under Kelsey S.
Temp. guardian had no independent adoption standing, she did not raise prima facie case of parental abandonment and family court did not lack jurisdiction to alter probate court's child custody order.
Trial court properly found unwed, teenaged F had not met Kelsey S. requirements and had no protected right allowing him to stand in way of C's adoption.
Trial court erred when, based solely on respective ages of teenaged parents, it ruled the unwed father could never assert his constitutional right to withhold consent to the adoption of his child.
Court must hold hearing on adoption petition re termination of parental rights, first taking evidence on whether F's consent to adoption required under Kelsey S. and Michael H.