In Interest of ECB

691 So. 2d 687, 1997 La. App. LEXIS 159, 1997 WL 37969
CourtLouisiana Court of Appeal
DecidedJanuary 29, 1997
Docket29,725-JAC
StatusPublished
Cited by9 cases

This text of 691 So. 2d 687 (In Interest of ECB) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Interest of ECB, 691 So. 2d 687, 1997 La. App. LEXIS 159, 1997 WL 37969 (La. Ct. App. 1997).

Opinion

691 So.2d 687 (1997)

In the Interest of E.C.B.

No. 29,725-JAC.

Court of Appeal of Louisiana, Second Circuit.

January 29, 1997.
Writ Denied; Stay Denied January 31, 1997.

*688 Snelling, Breard, Sartor by Wendy E.W. Giovingo, David C. McMillin, Monroe, for Appellant, Jason Kelly, Natural Father.

Jack Wright, Jr., Milton Dale Peacock, Monroe, for Appellee, Adoptive Parents.

Jackie Harrell, for State of Louisiana, Department of Social Services

Before MARVIN, C.J., and HIGHTOWER, BROWN, WILLIAMS and GASKINS, JJ.

BROWN, Judge.

An unwed 16-year-old mother duly surrendered her newborn child for adoption. The 18-year-old natural father executed an acknowledgment of paternity and after receipt of notice, opposed the adoption of his child. Following a hearing, the trial court terminated the natural father's parental rights. For the following reasons, we reverse the trial court's decision, find that the father has established his parental rights, declare that no adoption may be granted without his consent, and order the minor child to be placed in his legal custody.

FACTS

The baby was born on September 10,1996. The father (herein referred to as Jason) and mother of the child (herein referred to as Nichole) were both residents of Mississippi at the time of the child's conception.

Prior to the birth of her child, Nichole had been referred to Bethany Christian Services, an adoption agency in Baton Rouge, Louisiana. An employee of the agency sent a letter to Jason inquiring about his intentions. Thereafter, the baby was born in Baton Rouge and an agency worker talked to Jason about signing voluntary surrender papers. This employee testified that Jason indicated that he would sign the surrender papers. Jason, however, testified that he never agreed to sign the papers, but instead told the employee that he had to discuss the matter with his father. The trial court credited the testimony of the agency employee on this point; however, it is undisputed that Jason never signed the surrender papers and that after discussing the matter with his parents, he decided to object to the proposed adoption.

On September 16,1996, Nichole executed a voluntary surrender of her parental rights to the adoption agency. In the notarized act, Jason was named as the baby's father. As required by law, the agency notified Jason that he could oppose the adoption by filing a *689 written objection. Because the adopting couple resided in Ouachita Parish, the objection had to be filed in the Fourth Judicial District Court, Parish of Ouachita, within 15 days after receipt of the notice. The notice, which was dated October 2, 1996, followed the requisites of law and informed Jason as to what he must do to establish his parental rights and oppose the adoption.

Jason and his father testified that the decision to oppose the adoption was made by Jason. The father stated:

A. [Jason] made that decision. I gave him my advice of what I thought which we've always done in every ... in everything we've ever done. He's always come to me for my advice and I give it to him.
Q. What advice did you give to him in this case?
A. I said, `Son, that it is your ... that is your heart. That is part of you.' And I said, `If you give that baby up, you'll regret it to the last day you live. Right ... I said, cause right now, you know, he's eighteen and he can't think real straight I know because he's going through a lot of things, but I said, I know sooner or later he's going to regret it if he gives that baby up. I told him, I said, `I'll support you in any way financially ... I want you to finish college.' That's the reason I told him that if ... keep going to college I'll support that baby until he get's out of college and then on because I want him... that's what happened to me, I didn't get to go to college. I want him to finish his college education and I will support that baby any way I can until he gets through with his college education.

In the meantime, Jason's parents, on his behalf, had contacted the adoption agency. When it became apparent that Jason and his family would be unable to get the child without taking legal action, they hired an attorney who had Jason formally acknowledge the child. The acknowledgment was filed where the child was born, in East Baton Rouge Parish, as well as with the Louisiana Putative Father Registry.

On September 28,1996, Nichole executed a second affidavit surrendering the child to Jason and his father.[1] On October 22, 1996, Jason filed in the Fourth Judicial District Court an objection to the adoption seeking that his paternity be recognized and that he be given custody of the child. A hearing was held; Nichole did not testify.

At trial, Jason, his father, mother, aunt and grandfather all testified in support of his position. Jason, a college freshman and baseball player, testified that he planned to quit the baseball team and transfer to a branch of the college closer to his father's home. He also testified that he would enroll as a part-time student and obtain employment to help support his child. He testified that he could give his daughter the love and affection she needs and that he could think of no obstacles that would prevent him from being a good father. Generally, he would do whatever was necessary.

Jason's father fully supported his son's decision and was both ready and able to make the financial and other commitments necessary to give that support. There was a stipulation to the effect that Jason's father's home was a "good home."

At the conclusion of the hearing, the trial court set forth the following reasons for terminating Jason's parental rights:

I find that when he (Jason) first learned of the pregnancy ... that he obviously doubted or had doubts that he was in fact the father of the child.... I think the problem here is that I have an eighteen year old who is immature. I find that for a number of reasons. Number one, I find that it was very poor judgment whether him to have been seventeen or eighteen at the time that this child was conceived to have a sexual relationship with a fifteen or sixteen year old child outside marriage.... Also, I find that this young man is trying to get ... apparently trying to get a college education, plays baseball. Also, I base his immaturity upon the fact that I do believe that he orally, initially indicated that he was going to agree to this adoption.... I think he told [the adoption *690 agency employee] exactly what she said,... All of these actions taken together indicate to me ... gross immaturity on the part of the father. I also find ... that the father's family is committed to those responsibilities (raising the child) but I do not find that the father himself is committed to those responsibilities because I do not believe that the father realizes the significance of this decision that he's making. And I also find that this decision to contest or oppose this adoption is based upon what your family wants, not what you want.... Also, the fact that you are eighteen years of age, that you are in school, that you are playing ball, you're not going to have the time to commit to this child that you should. Your family is the one that's going to step in and fill in the gap.... I think that you are sincere in your belief that you want the child but I do think that you have received pressure from your family to take this action ...

DISCUSSION

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Cite This Page — Counsel Stack

Bluebook (online)
691 So. 2d 687, 1997 La. App. LEXIS 159, 1997 WL 37969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-ecb-lactapp-1997.