OMAHA, Neb.—The Nebraska Supreme Court on Friday overturned the adoption of a 10-year-old boy by his mother’s husband because the child’s biological father had not given consent.
The high court ruled that a lower court had improperly allowed the boy’s stepfather to adopt him without the consent of John Johnson, his biological father.
“Obviously, he was elated by the decision,” said attorney Brian Davis of his client, Johnson, who lives in Brighton, Colo.
Davis said Johnson wanted “nothing more than to see his son” but declined to say if he was seeking full custody.
One thing was for certain, Davis said: Johnson would not consent to adoption.
The court said it was uncontested that Corbin was born in August 1999 in Colorado, out of wedlock, to John (Johnson) and Rusti and that the three had lived together for three years. Even after Rusti moved away, John maintained a relationship with the boy, the court said, referring for example to a Keith County, Neb., court order granting Johnson visitation rights.
Citing statute and case law in addition to Johnson’s “familial relationship” with the boy, the court said Johnson’s interest in his child had acquired substantial constitutional protection.
The court said those protections had not been observed by the Arthur County Court in granting a summary judgment for Ilja, who had married Corbin’s mother in February 2003 and wanted to adopt Corbin.
The high court sent the case back to Arthur County Court for further proceedings in line with its ruling.
The court used only first names in referring to the people involved to ensure the child’s privacy. Davis provided Johnson’s full name.
Kelly Tollefsen, who represented Ilja and Rusti, said her clients would initiate further proceedings, but she would not describe their nature.
Tollefsen said they disputed that Johnson had established a familial relationship with the boy, as the high court said in its ruling.
The court decision said the parties had offered different accounts on Johnson’s efforts to keep in contact with Corbin after July 2003. Johnson said he couldn’t find Corbin after that date; Rusti said Johnson knew where Rusti’s family lived and the phone number there.
In September 2008, Rusti and Ilja’s attorney contacted Johnson to tell him about Ilja’s intent to adopt Corbin.
A couple of months later, Johnson received a formal court notice of the action but did not file a formal objection within five business days as required by state statute.
That failure was later cited by the county court as part of its decision that Johnson’s consent was not needed for Corbin’s adoption.
The high court said the court misapplied state laws in reaching that decision.
Attorney Tollefsen said Friday that her clients live in western Nebraska, but she would not say exactly where or when was the last time Corbin had seen his biological father, Johnson.
Tollefsen refused to comment on other aspects of the case or what might come next.
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