D.L.R. v. N.K.
416 S.W.3d 274
Ark. Ct. App.2012Background
- Appellant D.L.R. appeals a February 25, 2011 adoption decree granting appellees N.K. and C.K. custody of K.R., a child born May 8, 2008 to D.L.R. and T.W.
- T.W. signed a consent to adoption in July 2008; petition filed July 21, 2008; first amended petition alleged D.L.R. had refused consent.
- From May–June 2008 D.L.R. and T.W. lived apart; D.L.R. had no physical or court-ordered custody of K.R. after June 9, 2008.
- Appellees had sole custody of K.R. since July 31, 2008; D.L.R. contributed little to support and had no contact with K.R. since 2008.
- Trial court held D.L.R. was a parent not having custody and unreasonably withholding his consent under Ark. Code Ann. § 9-9-220(c)(3), and that adoption was in K.R.’s best interests.
- Court recognized termination of parental rights as an extreme remedy and affirmed the decree on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether D.L.R. is a parent not having custody | D.L.R. asserts custodial status due to biology and marriage. | D.L.R. claims custodial rights despite lack of physical/court custody. | Yes; trial court properly found D.L.R. not having custody. |
| Whether consent was unreasonably withheld | D.L.R. argues consent was not unreasonably withheld given custodial status. | D.L.R. withheld consent without reasonable basis. | Yes; trial court found unreasonably withheld consent. |
| Whether the termination was supported by clear and convincing evidence | Argues termination consistent with best interests and statutory grounds. | Argues insufficient to terminate due to custodial status. | Affirmed; evidence supported termination under § 9-9-220(c)(3). |
Key Cases Cited
- Henderson v. Callis, 97 Ark. App. 163 (Ark. App. 2006) (clear and convincing standard for termination; defer to trial court on credibility)
- In re Adoption of K.M.C., 62 Ark. App. 95 (Ark. App. 1998) (termination considerations; overall duties of a parent)
- Waeltz v. Ark. Dep’t of Human Servs., 27 Ark. App. 167 (Ark. App. 1989) (termination standard; evaluation of parent’s duties)
- Anderson v. Douglas, 310 Ark. 633 (Ark. 1992) (parens patriae; extreme remedy doctrine)
- Lindsey v. Ketchum, 10 Ark. App. 128 (Ark. App. 1983) (admissibility of evidence on parental fitness for consent)
- Renfro v. Ark. Dep’t of Human Servs., 2011 Ark. App. 419 (Ark. App. 2011) (appellate deference to trial court credibility findings)