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IN DISTRICT COURT, COUNTY OF STARK, STAT

IN DISTRICT COURT, COUNTY OF STARK, STATE OF NORTH DAKOTA IN THE MATTER OF THE ADOPTION OF JASE M. DAVIS, BORN ON 10/17/12 AND CHASE A. DAVIS, BORN 07/08/11 Jared Stowe, Petitioner, vs. Joan Nichole Poitras, Biological Mother, Deceased, Charles Davis, Biological Father, And the Executive Director of the North Dakota Department of Human Services, Respondents. Civil Case No. VERIFIED PETITION FOR TERMINATION OF PARENTAL RIGHTS AND FOR ADOPTION [1] Pursuant to North Dakota Century Code Section 14-15 et seq, Petitioner, Jared Stowe, herein submits this Petition for Termination Parental Rights and for Adoption, for termination of the Respondent, Charles Davis’ parental rights. [2] That the above-named minor child, Jase M. Davis, was born on October 17, 2012, at Cape Canaveral Hospital in Cocoa Beach, Florida. [3] Jase Michael Davis Poitras is the name by which said minor is to be known if this Petition is granted. [4] That the above-named minor child, Chase A. Davis, was born on July 8, 2011, at Cape Canaveral Hospital in Cocoa Beach, Florida. [5] Chase Austin Davis Poitras is the name by which said minor is to be known if this Petition is granted. [6] That the Petitioner, Jared Stowe (“Jared”), was born on August 19, 1981 and is 41 years of age. He resides in Dickinson, Stark County, North Dakota. Petitioner was engaged to Joan N. Poitras, the natural mother of Jase M. Davis and Chase A. Davis. That since the summer Petition for Termination of Parental Rights and for Adoption of 2014, Joan N. Poitras, Jase M. Davis, and Chase A. Davis, have resided together in the same home, as a single family unit. [7] That Jared resides at 2110 5th St. W, in Dickinson, North Dakota and he has resided there for approximately 3 years. [8] That the natural mother of Jase M. Davis and Chase A. Davis, Joan N. Poitras, recently became very terminally ill with lung cancer, and unfortunately succumbed to the disease on November 6, 2022. [9] Joan N. Poitras has been the primary caretaker of said minor children since the date of their births. Said minor children are also the natural sons of Charles Davis, whose last known address was in Brevard County, FL. [10] The children in this action have lived with their mother since birth and have known the Petitioner their entire lives. Since the summer of 2014, the children resided in the same home as the Petitioner, and the Petitioner held them out as his own sons. The Petitioner and minor children have shared a very close relationship. As more fully set forth in the Declaration attached hereto, Petitioner and Respondent, Joan N. Poitras, had many conversations about Petitioner adopting the minor children. [11] That Jared is able to work from home and be present and available for J.D. and C.D.’s needs. Jared and the Respondent, Joan Poitras, owned an Oilfield Services Company together. Jared continues to own the Oilfield Services Company individually. Jared has the facilities and resources suitable to provide for and nurture and care for the minor children to be adopted, and it is the desire of Jared to establish the relationship of parent and child between himself and the minor children. [12] With the exception of very small amounts of miscellaneous personal property, limited to toys and clothing, the individuals to be adopted own no property to the knowledge of the Petitioner. The adoption by the Petitioner is in the children’s best interest. [13] The Respondent, Charles Davis, has not been in contact with minor children since 2012. [14] That Jared is requesting that the Respondent, Charles Davis’, parental rights be terminated pursuant to N.D.C.C. § 14-15. Presently, Charles Davis has not communicated with the minor children in ten years, nor has he provided for the care and support of the children as required by law or judicial decree without justifiable cause. As such, Charles Davis’ consent to adoption is not required pursuant to N.D.C.C. § 14-05-06(l)(a), (b), and (j) and his parental rights should be terminated pursuant to N.D.C.C. § 14-15-19. [15] Petitioner is requesting that the Respondent, Joan N. Poitra’s, consent to the adoption be excused by the court in the best interest of the children. Joan N. Poitra succumbed to her battle with cancer on November 6, 2022. Joan N. Poitra is unavailable to give her consent to the adoption, and as such, her consent is not required pursuant to N.D.C.C. § 14-15- 06(1)(j). Joan N. Poitra died leaving a will, which requested that Jared Stowe be awarded guardianship over the minor children. Said will is attached hereto as Exhibit 1 for the court’s record and convenience. [16] That Jared Stowe was engaged to the biological mother of said minor children and had every intention of becoming the children’s step-parent prior to ,Joan N. Poitras’ untimely illness. Further, the minor children have lived with the Petitioner for longer than nine (9) months, having resided in his household since 2014. There have been no allegations of abuse or neglect against Petitioner or any member of the petitioner’s household. As such, neither an investigation, nor report, is required in this matter by the North Dakota Department of Human Services, the Social Service Board, a licensed child-placing agency, nor any other agency or person, pursuant to the provisions of N.D.C.C. 14-15-1 I, subsection 5. [17] Petitioner respectfully requests that the North Dakota Department of Vital Statistics make record of the adoption, and that the clerk of court be authorized and directed to prepare an application to the appropriate vital statistics office of Florida, where the minor children were born, to issue a new Birth Certificate reflecting the children’s new father under N.D.C.C. § 14-15-18. [18] WHEREFORE, the Petitioner, Jared Stowe prays that Charles Davis’ parental rights be terminated and that a final Decree of Adoption be issued, creating the relationship of parent and child between the Petitioner, Jared, and the minor children. [19] Dated this 9th day of November, 2022. /s/ Theresa L. Kelli Kellington & Oster, P.C. 619 Riverwood Drive, Suite 202 Bismarck, ND 58504 (701) 258-1074 Fax: (701) 530-1943 ND State Bar #05385 Attorney for Petitioner theresa@kopcemaiI.com VERIFICATION I,Jared Stowe. being first duly sworn. under penalty of perjury, depose and state as follows I am the Petitioner in the above-entitled action; I have read the Petition for termination of Parental Rights and Adoption and understand the contents and meaning thereof; the matters set forth in such petition are true and correct, I so state or the best or my knowledge and if called upon lo testify to such fact I will do so /s/ Jared Stowe, Petitioner Subscribed and sworn to before me at Burleigh County, North Dakota, on this 9th day of November, 2022. /s/ Elise A Fischer Notary Republic (Jan 18 & 25; Feb 1, 2023) 154821