In the Matter of M.N.V.
Appeal from Franklin County Circuit Court to Missouri Court of Appeals – Eastern District
No. ED108888
Filed July 13, 2021
Trial Court Ruling Affirmed
M.N.V. (hereinafter “minor child”) was born to Father and Mother on July 12, 2012. M.N.V. lived with her parents periodically for 8 months of her life. The Department of Family Services removed the minor child from Father’s custody in 2013 and placed her in the exclusive care of Father’s niece, Crystal Winters, who had been help care for the minor child since she was two weeks old.
On April 22, 2019 Crystal and her Husband petition the court to adopt the minor because they alleged, pursuant to the statute, the minor child’s parents had willfully abandoned her and willfully, substantially and continuously neglected to her. They also emphasized that the minor child’s parents had not provided any monetary support for her nor maintained any kind of relationship with her. The Winter’s also argued that the minor child’s parents did not have the means to care for her.
The Court heard the matter on March 9, 2020 and granted the Winters’ and granted the adoption petition because they met the requirements pursuant to Section 453.080(1) had been fulfilled.
Father filed an Appeal based on the following grounds: In his first point, he asserts that the court did not have jurisdiction to grant the Winters’ adoption because the statute’s requirement was not met that the child had to be in the lawful custody of the adoptive parents for at least six months before entry of the adoption decree. In his second point, Father argues that the court’s determination that he abandoned and neglected the child within the meaning of section 453.040(7) was not supported by substantial and competent evidence. And in his third point, Father argues that the court’s finding that the adoption and the termination of his parental rights was in the child’s best interest was against the weight of the evidence.
The Appellate Court found that there were substantial findings to support that Father had abandoned and neglected the minor child at least 6 months before the adoption petition was filed (See Section 453.040(7)). This is determined by a party’s intent which is illustrated by a person’s conduct before, during and after the statutory period.
The Appellate Court held that Father abandoned the child. He was incarcerated for drug related offenses for large periods of time when and when he was free he made little to no attempt to contact his child or improve her circumstances. On the other hand, the minor child has a very strong relationship with Mrs. Winters and believes her to be her Mother.
The Appellate Court also upheld that trial court’s findings that Father neglected the minor child. He had not provided any financial support for the minor child since 2013 and did not provide any basic necessities such as food, clothing or diapers.
The Appellate Court held that the trial court’s ruling was in the best interests of the child and did not err in the application of the adoption statute.
Finally, Everette Winters’ (husband) adoption of the minor child is akin to step-parent adoption.
Trial Court ruling affirmed.
