In the Matter of the Adoption of RMS

The biological mother of the child at issue appealed from the order allowing the father and stepmother's petition to adopt the minor child to proceed without the mother's consent because she did not pay child support for a year before the petition was filed. At issue was whether the district court abused its discretion by allowing the petition for adoption to proceed without the consent of the mother and whether evidence was sufficient to support a finding that the mother had willfully failed to pay child support. The court held that the district court did not abuse its discretion by concluding that there was clear and convincing evidence that the mother willfully failed to support her child where she failed to take the necessary steps to become employed and support her child and that she failed to demonstrate that, through whatever means were available to her, she had not forgotten her legal obligation to support her child. Therefore, the court affirmed the district court's findings.