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Mother and Father divorced when Child was two. The decree gave Mother sole legal and physical custody and gave Father supervised visitation. Father visited twice in the first year, then stopped visiting for three years. During that time, Father sent one birthday card and no support, even though he was employed and knew Mother's address. Mother married Stepparent, who has cared for Child daily for four years. Child calls Stepparent "Dad."
Stepparent filed a petition to adopt Child. Mother consents. Father received notice and objects, saying he is Child's biological and legal father and that Child's best interests cannot override his parental rights. The state adoption statute permits stepparent adoption without a legal parent's consent if the parent abandoned the child or willfully failed to support or communicate for at least one year, and if adoption is in the child's best interests.
Discuss whether the court may grant Stepparent's adoption petition over Father's objection. Address consent, abandonment or failure to support, due process, proof, and best interests.