In re Paternity of V.M.

Victor Benavides (plaintiff) was the biological father of V.M. and V.B. and also assumed a parental role with A.M. The children’s mother relinquished care of all three children to her father, Phillip Moore (defendant), and subsequently had almost no contact with them. Benavides, who had problems with substance abuse and criminal behavior, was unfit and unwilling to parent the children and therefore also relinquished custody to Moore. Moore and his wife cared for the children for several years, and Moore eventually petitioned to make the temporary custody order a permanent custody order. Benavides did not object, and the court issued the requested permanent order. The Moores then moved with the children to a new town. The children thrived in their new schools and at home, with their mental, emotional, and financial needs being satisfied. About a year after Moore secured the permanent custody order, Benavides petitioned for a modification, seeking custody of V.M. and V.B. He presented evidence that since originally relinquishing the children to Moore, he had become sober, started attending church, and begun paying child support to Moore and having regular visitation with the children. He was also married and lived with his wife, their daughter, and two stepchildren. The trial court concluded that despite Benavides’s changed circumstances, leaving permanent custody with Moore was in the children’s best interests. The court based its conclusion on its findings that (1) Benavides had previously consented to Moore’s custody; (2) the children were thriving in their environment and having their mental, emotional, and physical needs met; (3) separating V.M. and V.B. from A.M. would be detrimental; (4) stability and consistency were beneficial for the children’s well-being; and (5) Benavides had substantial other commitments to the biological child and two stepchildren he lived with, whereas the Moores could focus their attention on V.M., V.B., and A.M. The court therefore ordered that the children remain in Moore’s custody but with Benavides having liberal visitation. Benavides appealed.