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Estes v. Garrison
Citations: 93 Ill. App. 3d 670; 417 N.E.2d 787; 49 Ill. Dec. 97; 1981 Ill. App. LEXIS 2154Docket: No. 79-2150
Court: Appellate Court of Illinois; February 20, 1981; Illinois; State Appellate Court
After a bench trial, the court found respondent, the natural father of minor Leon Curtis Garrison, unfit due to abandonment and granted the petitioners' amended request for Leon's adoption. Respondent contested the ruling on two grounds: (1) he argued that the evidence did not clearly and convincingly prove his unfitness, and (2) he claimed the trial court improperly applied the Dead Man’s Act, which excluded testimony that could have demonstrated his fitness. The background revealed that Leon had lived with his mother, Kathleen Estes, following their divorce in 1974, and that respondent had minimal contact with Leon, providing little support and infrequent visits. While respondent claimed he had been involved in Leon's life, including regular visits and attempts to arrange further contact, the evidence presented by petitioners highlighted his lack of consistent engagement. Specifically, testimony indicated that although respondent had made some efforts to maintain contact, including sending gifts and calling, he ultimately failed to establish a stable presence in Leon's life. The trial court ruled respondent unfit based on abandonment as defined under the Illinois Adoption Act, which necessitates clear evidence of unfitness for consent to adoption to be waived. The court's decision was influenced by the exclusion of certain evidence under the Dead Man’s Act, which respondent argued was critical to his defense against the allegations of abandonment. Ultimately, the court's judgment favored the petitioners' adoption of Leon. The Act defines "unfit person" as someone deemed unsuitable by the court to have a child adopted, with abandonment being a key ground for such a finding. Abandonment necessitates evidence of a parent's settled intention to relinquish parental duties and claims, requiring intentional conduct. Courts mandate clear and convincing evidence to sever the parent-child relationship, reflecting the importance of that bond. The evidence must leave no reasonable doubt about the issues at hand, and trial court findings are upheld unless they contradict the manifest weight of the evidence. In the case examined, the evidence did not sufficiently support a finding of unfitness due to abandonment. The respondent claimed to have visited his son frequently, including documented outings and additional visits after formal visitation was denied. Although the petitioner testified to a lack of observed visits, he acknowledged that such visits could have occurred while he was away. Regarding child support, while the petitioner saw no financial contributions, he admitted to not managing the family's finances directly. The respondent documented his support payments, which ceased temporarily due to unemployment but resumed once he was reemployed, despite the petitioner's rejection of his offers to pay. Respondent provided evidence of consistent communication with his son, including frequent phone calls, cards, and gifts, contradicting petitioner’s claims of abandonment. Testimony from Rose Garrison supported respondent’s assertion that he contacted his son every four to six weeks and daily during an illness, while petitioner admitted some items Leon possessed were gifts from respondent. The trial court's finding of abandonment was deemed inconsistent with the evidence presented. Additionally, the court incorrectly applied the Dead Man’s Act, which excludes testimonies regarding conversations with deceased individuals, as all parties were involved in their individual capacities and not as representatives of a deceased person. Consequently, the trial court’s order declaring respondent unfit and granting the adoption petition was reversed.