In an action by a licensed child care agency under G. The judge in an action to dispense with the consent of natural parents to the prospective adoption of their child properly denied motions for action on requests for rulings which were not material to the case.
After review was sought in the Appeals Court, the Supreme Judicial Court ordered direct appellate review on its own initiative. After a hearing, the probate judge dismissed the petition and ordered that physical custody of the child be given to the child's father. The New Bedford Child and Family Service appeals, arguing that the judge erred 1 in awarding custody to the father in a proceeding under G. We have examined each of these contentions and find them to be without merit. We affirm the order of the Probate Court.
The facts are as follows. The New Bedford Child and Family Service agency is a licensed, incorporated agency entitled to bring petitions under c.
The child involved in this case is Alice Roe also known as Alice Doe , who was born on November 4, She is the child of Maura Doe and Robert Roe. The parents have never married, but there is no dispute as to Robert's paternity of the child. Maura was fifteen years old when Alice was born. After the child's birth, for a period of approximately four months, Maura cared for the child in her mother's home. During this time, Robert visited the child and mother daily. In March of , Maura experienced emotional problems and admitted herself to the mental health unit of a hospital.
During Maura's hospitalization, which lasted approximately two and one-half weeks, Robert and his mother cared for Alice in his mother's home. During her stay at the hospital, Maura decided to place her child for adoption and gave custody of Alice to the agency pursuant to G. She did not, however, sign the adoption surrender form prescribed by G. The agency placed Alice in foster care. Robert Roe was sixteen years old when Alice was born and was eighteen years old at the time of the judge's decision.
