Escobedo v. Nickita

I respectfully dissent. The characterizes the issue in this case as whether Rusty Wayne Escobedo’s “opportunity interest” in forming a relationship with his infant daughter was “adequately protected.” This court concludes that Escobedo’s opportunity interest was adequately protected by his receipt of notice four business days before an adoption hearing regarding a child he did not know existed. I believe that Escobedo was denied the opportunity to legitimate his daughter in contravention of his right as a putative father under the United States Constitution. Also, common law principles…