Pippinger v. Benson
2011 Ark. 535
Ark.2011Background
- Andrea Pippinger petitions to adopt her stepson J.P.; Derek Pippinger consents to the adoption.
- Doris Benson and Bertie Blasingame seek grandparent/great-grandparent visitation and later seek to intervene in the adoption.
- Circuit court consolidates adoption and visitation for hearing, allows testimony on both matters, and issues a single final order.
- Circuit court finds: (i) a significant relationship exists between Doris/Bertie and J.P.; (ii) visitation with Doris/Bertie is in J.P.’s best interests; (iii) adoption by Andrea is not in J.P.’s best interests; adoption denied and visitation awarded.
- Derek and Andrea appeal; court reverses the visitation portion and affirms the denial of the adoption petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Intervention in adoption proceedings | Pippinger argues Doris/Bertie lacked standing to intervene. | Doris/Bertie contends consolidation allowed testimony and intervention related to best interests. | No specific ruling on intervention; no reversible error in denial of strike; consolidation permitted separate rulings. |
| Grandparent and great-grandparent visitation | Derek contends there was no loss of relationship; presumption remains in favor of custodian’s decisions. | Doris/Bertie contend there was a loss of relationship and limited contact justifies visitation. | Abused discretion; reciprocal relationship not shown to be lost; grant of visitation reversed and remanded. |
| Adoption petition denial | Adoption by Andrea is in J.P.’s best interests given the evidence. | Best interests require preserving maternal family relationships; adoption not in best interests. | Circuit court’s finding was not clearly against the preponderance; denial affirmed. |
Key Cases Cited
- Oldham v. Morgan, 372 Ark. 159 (Ark. 2008) (preserves parental decision weight under Troxel, requires loss of relationship to rebut presumption)
- Hollingsworth v. Hollingsworth, 2010 Ark. App. 101 (Ark. App. 2010) (cautionary on whether visitation is premature when relationship not lost)
- Grant v. Richardson, 2009 Ark. App. 187 (Ark. App. 2009) (cites on grandparent visitation evidence standards)
- In re Adoption of M.K.C., 2009 Ark. 114 (Ark. 2009) (best-interest standard in adoption proceedings)
- In re Adoption of Perkins/Pollnow, 300 Ark. 390 (Ark. 1989) (utility of trial court credibility in child-welfare matters)