2014 Ark. App. 299
Ark. Ct. App.2014Background
- This appeal concerns an adoption where the trial court permitted the appellee to adopt the child without the father's consent.
- The trial court held the father's consent was unnecessary because he failed significantly to communicate with or to provide for the child's care and support for at least one year.
- The father, Cowsert, has been incarcerated since 2009 and receives minimal funds from the state for his imprisonment.
- Disciplinary records show the father as a Class IV inmate with multiple infractions, limiting work-release opportunities.
- The court found a meaningful failure to support the child was, on this record, without justifiable excuse, supporting the adoption.
- The appellate court reviews adoption decisions de novo on the record but defers to the trial court's credibility assessments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly found significant failure to provide support | Cowsert argues failure to support was not voluntary given prison pay limits. | Bargar contends the evidence shows an unexcused, significant failure to support. | Yes; trial court finding supported by clear and convincing evidence. |
| Whether the trial court properly found significant failure to communicate | Cowsert asserts lack of opportunity to communicate due to incarceration and circumstances. | Bargar maintains there was sufficient evidence of failure to communicate. | Not necessary to decide given other failure; support failure suffices. |
| Whether the standard of review and evidentiary posture support the result | Cowsert challenges the weight given to his opportunity to support. | Bargar relies on de novo review with deference to trial court credibility. | Affirmed; trial court’s findings uphold the adoption order. |
Key Cases Cited
- Belcher v. Bowling, 22 Ark. App. 248 (Ark. App. 1987) (requires clear and convincing evidence of failure to support or communicate)
- Pender v. McKee, 266 Ark. 18 (Ark. 1979) ("Failed significantly" defined as meaningful or important failure)
- Taylor v. Hill, 10 Ark. App. 45 (Ark. App. 1983) (defines 'justifiable cause' as adequate excuse for failure)
- Gordon v. Draper, 2013 Ark. App. 352 (Ark. App. 2013) (emphasizes trial court credibility and best interests in minor-children cases)