Adoption of O.M.

In February 2006, B.R. (defendant) was on parole when he was happily surprised to learn that L.T. was pregnant with his child, O.M. Soon afterwards, B.R. used methamphetamine, was arrested for violating his parole, and was incarcerated for four months. B.R. kept in contact with L.T. but did not provide any material support. L.T. started avoiding B.R. when B.R. was released in June 2006. B.R. was in touch with L.T.’s family but did not give any material support for her family to pass on to her, though B.R. was working. L.T. decided to surrender her parental rights to prospective adoptive parents T.M. and J.R. (plaintiffs). B.R. heard about the pending adoption and made an appointment with a lawyer to discuss the matter. The day before the meeting was scheduled, B.R. was arrested on weapons and drug charges. About a month afterwards, O.M. was born, and L.T. immediately relinquished him to T.M. and J.R. B.R. filed a paternity action, and T.M. and J.R. filed a petition to terminate B.R.’s parental rights and to adopt O.M. While those petitions were pending, B.R. was sentenced to 12 years in prison. B.R. filed an objection to the adoption matter and asked for guardianship to be granted to his parents until his release from prison. At the hearing on the adoption petition, the trial court found that B.R. did not qualify as a statutory presumed father and was not entitled to Kelsey S. rights. The court terminated B.R.’s rights and approved the adoption. B.R. appealed.