Stephen Jones v. William Parnell and Lindsey Parnell

Summary

The Arkansas Court of Appeals reversed and remanded a relative-adoption order involving the biological father’s objection. The court held that the father’s consent was required because his repeated attempts to communicate and seek visitation were thwarted by the child’s mother, providing justifiable cause for any lack of communication; the court therefore did not reach the child’s best-interest issue.

Holdings

1. The circuit court clearly erred in finding that Stephen's consent was not required. The evidence showed that Stephen never went longer than four months without attempting to communicate with M.C., repeatedly requested visitation, and was consistently rebuffed by Lindsey. Those thwarted efforts supplied justifiable cause for any lack of communication.
2. The court did not reach the merits of the best-interest issue because the circuit court could not grant the adoption without first properly dispensing with Stephen's required consent.

Questions Presented

1. Whether Stephen Jones's consent was unnecessary under Arkansas Code section 9-9-207(a)(2) because he failed significantly, without justifiable cause, to communicate with M.C. for at least one year.
2. Whether the adoption by Tyler was in M.C.'s best interest.

Disposition

reversed_and_remanded