S-22-0398, In re Adoption of Faith F., Jerald E. McManigal and Stacey Tullos McManigal (Appellants) v. Kelly S. Bock (Appellee)
Appeal from the County Court for Sarpy County, Judge Todd J. Hutton
Attorneys: Lisa Line (Brodkey, Cuddigan, Peebles, Belmont, and Line for Appellants), Aimee S. Melton, Richard Whitworth, and Megan E. Shupe (Reagan, Melton & Delaney for Appellee)
Adoption: Standing and Best Interests
Proceedings below: The trial court sustained the maternal grandmother’s objection to the adoption of Faith F. by the maternal grandfather and his new wife. The trial court also ordered that Faith F. remain in the custody of her maternal grandfather and his new wife subject to a co-guardianship with maternal grandmother. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: On appeal, Appellants make the following assignment of errors: 1) The trial court erred in determining Bock has standing to object to Faith's adoption and failing to dismiss Bock's objection; 2) The trial court erred in determining adoption is not in Faith's best interests: b), The trial court did not consider the correct factors in determining best interests for Faith's adoption; b) The trial court erred in finding Faith is unadoptable by McManigals after determining Faith remaining in the custody of McManigals was in her best interests; b) The trial court incorrectly focused on visitation with extended family members as the controlling factor toward best interest in Faith's adoption; and b) The trial court failed to consider the statutorily required recommendation of the guardian ad litem; and 3) As all remaining statutory requirements have been met by McManigals, the court erred in not finalizing Faith's adoption.