Baby Boy C. H.R Baby Boy C. H.R

Baby Boy C. H.R

DC.199 , 630 A.2d 670 (1993)

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Publisher Description

TERRY, Associate Judge: This case comes before the court for the second time. It involves the adoption of a child known in
court records as "Baby Boy C.," the son of L.C. (the mother) and H.R. (the father and appellant). Mr. and Mrs. O., with whom
custody of the child was placed soon after birth, filed a petition for adoption in the Superior Court. After extended litigation,
that court granted the petition, finding by clear and convincing evidence that adoption by the O. family was in the child's
best interest. In the father's appeal from that ruling, this court remanded the case to the trial court with directions to
apply the statutory "best interest of the child" standard, 1 while at the same time recognizing "a preference for a fit
unwed father who has grasped his opportunity interest." Appeal of H.R. 581 A.2d 1141, 1143 (D.C. 1990) (hereafter " H.R. I
"). Because the original trial Judge had died while the appeal was pending, a second trial was held before a new Judge in
October 1991. About three months later, that Judge issued a memorandum opinion and order granting again the petition for adoption.
In re Baby Boy C., 120 Daily Wash. L. Rptr. 1309 (D.C. Super. Ct. January 3, 1992). Once again the father noted an appeal. He now presents, for the second time, a challenge to the constitutionality of the
"best interest of the child" standard as applied by the trial court in ruling on the adoption petition, asserting that this
standard violates his "substantive due process" rights. Additionally, appellant argues that the trial court's findings of
fact are clearly erroneous. We hold that the law of the case doctrine bars us from reconsidering the best interest standard
as previously applied in H.R. I. We further hold that the trial court's factual findings are amply supported by the evidence
and that its legal Conclusions do not reflect any abuse of discretion. We therefore affirm the final order of adoption.

GENRE
Professional & Technical
RELEASED
1993
August 19
LANGUAGE
EN
English
LENGTH
40
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
67.8
KB

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