 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Johnson v. Johnson9/14/2000
result would be detrimental to many children in this state.
[ ] Yet the relationship presented in this case is not the normal stepparent-stepchild relationship envisioned by that statute. In such a normal relationship, the child is aware that the stepparent is just that, the spouse of the child's natural parent. Though the stepparent may, and hopefully does, extend love to the child through words and deeds, the stepparental context of those actions is understood by all involved. In the case at bar, Antonyio and Madonna led Jessica to believe she was their natural child; both parents and child referred to Antonyio as Jessica's father or dad. Antonyio also participated in leading Jessica to believe that her natural father was, in fact, her brother. Finally, even after Jessica learned her true parentage, the Johnsons told Jessica they had formally adopted her. Thus, the parties engaged in an elaborate fiction, which is not a part of the normal stepparent-stepchild relationship and which is not contemplated by N.D.C.C. § 14-09-09. The normal stepparent-stepchild relationship also does not involve a contract to adopt the stepchild, which is required for application of the doctrine of equitable adoption. Thus, the existence of a contract to adopt and the parties' construction of fictional relationships removes this case from the arena of normal stepparent-stepchild obligations regulated by N.D.C.C. § 14-09-09. Nothing in this opinion should be construed as imposing new obligations on a normal stepparent-stepchild relationship.
[ ] Finally, we conclude our child support guidelines do not preclude the imposition of a child support obligation on one who has equitably adopted a child. Section 75-02-04.1-01(1), N.D.A.C., defines a child as "any child, by birth or adoption, to whom a parent owes a duty of support." The regulation does not state that such an obligation may be imposed only in cases where a child has been adopted according to statutory procedures. In addition, we believe our state's public policy of promoting the well-being of children, which is expressed through the guidelines, supports the imposition of a child support obligation on an equitable parent when the circumstances of the case require it. Finally, Antonyio conceded at oral argument if our state recognized the doctrine of equitable adoption, nothing in the child support guidelines would bar the imposition of such an obligation on an equitable parent.
[ ] Based on the foregoing analysis, we conclude the doctrine of equitable adoption may be applied to impose a child support obligation upon an equitable parent when the circumstances of the case so require. North Dakota's well established policy of protecting the best interests and welfare of children supports such an application and nothing in our state's present law forbids it, should facts and circumstances supporting it be proven.
C.
[ ] Madonna argues she presented evidence to the trial court which proved she and Antonyio equitably adopted Jessica and which justifies the imposition of a child support obligation upon Antonyio.
[ ] The evidence establishing the contract to adopt must be clear, cogent and convincing evidence. See Ceglowski, 102 F. Supp. at 517. We have stated that in order to create an enforceable contract, there must exist a mutual intent to create a legal obligation. Moen v. Meidinger, 1998 ND 161, 6, 583 N.W.2d 634. However, " t is the words of the contract and the manifestations of assent which govern, not the secret intentions of the parties." Id. (citing Amann v. Frederick, 257 N.W.2d 436, 439 (N.D. 1977)). Thus, the parties' mutual assent to a contract is to be determined by their "objective manifestation
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 North Dakota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|