In re Adoption Fern
In re Adoption Fern
Opinion of the Court
A judge of the Juvenile Court terminated the father's parental rights to the child and declined to order posttermination and postadoption visitation. The father does not appeal from the termination of his parental rights but argues, for the first time on appeal, that the judge abused her discretion in declining to order posttermination and postadoption visitation.
A judge has the discretion to order posttermination and postadoption visitation when it is in the child's best interests. See Adoption of Douglas,
Here, the father concedes that he has seen the child only once
Next, the father argues that the judge abused her discretion by failing to consider that the Department of Children and Families (DCF) violated its own regulations by not offering him visitation while he was incarcerated for three months. Passing on the question whether DCF violated its own regulations, the fact remains that the father attended only one visit while he was not incarcerated. The father's argument, that the visits offered by DCF were insufficiently frequent to allow him to form a bond, fails because, as the judge found, the father did not attend the visits he was offered. The judge did not abuse her discretion.
Finally, the father argues that the judge required him to satisfy an impermissibly stringent standard of proof by stating that "the Court does not find that it has been established, by clear and convincing evidence, that an order of visitation is required to serve the best interest of the child." While the judge may have incorrectly articulated the standard of proof, this does not necessitate a remand where, as here, "the underlying subsidiary factual findings amply support the judge's determination that ... there was no significant existing bond with the biological parent." Adoption of Douglas,
Decree affirmed.
The mother stipulated to the termination of her parental rights, and she is not involved in this appeal.
The judge found that "[o]n April 27, 2016, Father participated in his first and only visit with" the child.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.