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MTM v. LD2/14/2002
perate with DFS or comply with its case plans for reunification with his daughter. He was well aware that his daughter could be returned to him if he would cooperate and comply with the case plans developed by DFS, yet he willfully chose not to do so.
[ ] This Court has defined willfully to mean: "'[I]ntentionally, knowingly, purposely, voluntarily, consciously, deliberately, and without justifiable excuse, as distinguished from carelessly, inadvertently . . . or thoughtlessly.'" Matter of Adoption of G.A.R., 810 P.2d 113, 118 (Wyo. 1991) (quoting Matter of Adoption of CCT, 640 P.2d at 76). The evidence is clear that the father willfully refused to pay child support and allowed KJD to be maintained by the State for over eight years; that he failed to provide a suitable home for KJD; that he failed to provide any information by which the proper amount of child support could be established; that he rejected endorsement of the case plans; and that he failed to raise any legitimate objection to the plans or propose any alternative plan. The father acted contrary to the best interests of KJD, created conflicts during visitations, and threatened DFS and CASA workers.
[ ] For the foregoing reasons, we conclude as did the district court, that the father's actions were willful, and that he willfully permitted KJD to be maintained by DFS. The father offers no justifiable excuse for his failure to contribute to the support of his daughter. The district court did not err in finding this failure to be willful.
CONCLUSION
[ ] The evidence is sufficient to support the finding that the father willfully failed to contribute to the support of KJD for one year prior to the filing of the petition for adoption, making it unnecessary to obtain his consent to the adoption. The district court did not abuse its discretion in granting the adoption of KJD by her maternal grandparents. The Final Decree of Adoption is affirmed.
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