D.A. v. D.R.L.

727 P.2d 768 (1986)

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Nature of the Case

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Facts

H and W were married in 1980. They had a child in 1981. The couple separated in 1982 and were divorced. H visited his daughter twice in the three-month period between separation and divorce and visited his daughter just once a month until W remarried. After that, the only contact for over a year was H calling to arrange visits that never occurred. In 1984, W's new husband filed a petition to adopt the child. After putting on the evidence, the trial court dismissed the petition as there was no showing by clear and convincing evidence that the natural father's failure to communicate was without justifiable cause. The facts were that the child was in Arizona for three months of the year, meaningful communication could not be had with a 2-3-year-old over the phone, and the natural father had seen the child once per month in 1983. The court also considered the effect of the natural father visiting the child in the presence of his ex-wife and her new husband. This appeal was taken.