In re Puckett
137 So. 3d 1264
La. Ct. App.2014Background
- In intrafamily adoption, stepparent sought to adopt child KB without biological father’s consent; father in Navy for five years; no-contact period of six months alleged beginning before suit; trial court granted adoption finding no just cause; on appeal court reversed for manifest error.
- Father’s parenting efforts were intermittent due to military service and contact hindered by mother and stepparent; many communications occurred via letters, emails, and social media with limited in-person visitation.
- The record shows episodes where the father attempted contact during leaves, but access to the child was constrained by the custodial mother, who later married the stepparent.
- The trial court focused on lack of formal visitation and communications, but the appellate court found that “just cause” existed due to obstruction by the custodial parent and stepfather, and that military service played a role.
- The court discussed the Servicemembers Civil Relief Act (SCRA) tolling but did not rely on it to reach the result, ultimately reversing the adoption decree.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether father had just cause for failure to visit or communicate for six months | Puckett argues no just cause; father refused with no obstruction by others | Puckett contends no just cause; Brianne/Jeremy hindered contact | Just cause proven; trial court erred in denying adoption |
| Whether SCRA tolling applies to the six-month no-contact period | SCRA tolls the six-month period during active duty | SCRA does not toll for adoption context | Court pretermits SCRA question; military service added to just cause analysis |
| Whether the best interests of KB support reversal of adoption | Father’s ongoing relationship with KB is in her best interest | Stepparent/biological mother emphasize stability and home | Best interests support reversing adoption; paternal rights not terminated absent just cause |
Key Cases Cited
- In re PS, 535 So.2d 1052 (La.App.2d Cir.1988) (just cause when parental visitation is hindered by custodial parent)
- Knapp v. Adoption of Cotten, 577 So.2d 241 (La.App.1st Cir.1991) (family custody conflicts can establish just cause)
- In re Morris, 892 So.2d 739 (La.App.2d Cir.2005) (six-month no-contact with just cause considerations)
- In re Mulvihill, 56 So.3d 418 (La.App.4th Cir.2011) (factors informing intrafamily adoption and just cause)
- Kirby v. Albert T.J., 517 So.2d 974 (La.App.3d Cir.1987) (SCRA context in adoption/parent rights)