Bruick v. Augustyniak

OPINION ON PETITION FOR REHEARING

STATON, Judge.

Bruick petitions for rehearing of our opinion at 505 N.E.2d 868.

Bruick appealed the trial court's denial of his petition to adopt Lucas Peter Augustyn-lak. We affirmed, addressing one issue:

Whether the natural father's (Augustyn-iak's) consent to the adoption was required under IC 31-3-1-6(g)(1).

IC 81-3-1-6(g)(1) provides that consent to adoption is not required of the non-custodial parent if the petitioner can prove either that (1) the parent failed without justifiable cause to communicate significantly with the child when able to do so for at…