Zockert v. Fanning

At issue in this private adoption case are: (1) the applicable standard of proof for terminating a parent’s status as the parent of a child subject to the adoption, and (2) the right of that parent, if indigent, to state-paid counsel.

Mr. and Mrs. Zockert petitioned to adopt Christine Fanning, alleging that father had “abandoned said child.” The child’s mother, who previously left the child in the care of the Zockerts, consented. Her husband, father of the child, contested the adoption by appearing, as ordered, to show cause why the adoption should not be granted.

At the show cause hearing the…