In re J.R.C.

861 So. 2d 681, 3 La.App. 5 Cir. 0761, 2003 La. App. LEXIS 3135, 2003 WL 22671570
CourtLouisiana Court of Appeal
DecidedNovember 12, 2003
DocketNo. 03-CA-0761
StatusPublished
Cited by2 cases

This text of 861 So. 2d 681 (In re J.R.C.) 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 re J.R.C., 861 So. 2d 681, 3 La.App. 5 Cir. 0761, 2003 La. App. LEXIS 3135, 2003 WL 22671570 (La. Ct. App. 2003).

Opinion

|,SOL GOTHARD, Judge.

This is an appeal from a judgment of the Juvenile Court, Parish of Jefferson, granting an intra-family adoption. For reasons that follow, we affirm.

On July 9, 2002, J.C. Ill filed a petition for intra-family adoption of five-year-old C.S.K. In the petition it is alleged that J.C. Ill is the step-father of C.S.K., and is currently married to C.S.K.’s mother, A.C. On July 17, 2002, C.N., the alleged biological father, filed an Exception of Lis Pen-dens and Lack of Joinder, alleging that the adoption petition was filed in response to a petition C.N. filed in Orleans Parish Civil District Court, which requested a declaration of paternity and a plan for visitation.

The juvenile court denied the exceptions, and ordered that the matter would proceed pursuant to La.Ch.C. art. 1247(C), which provides that:

If the adoption petition names an alleged or adjudicated father and his parental rights have not been terminated by a court of competent jurisdiction, he shall be served with notice of the filing of the petition in accordance with Articles 1133, 1134, and 1136 and thereafter, his rights shall be determined in accordance with the provisions of Articles 1137 through 1143.

After a full hearing on the merits, the juvenile court terminated C.N/s parental rights. Subsequently, C.N. moved for, and was granted a new trial at which he presented new documentary evidence of support. After considering the new ^evidence, the juvenile court entered a new judgment terminating C.N.’s parental [683]*683rights. A second motion for new trial was denied by the court and C.N. brought this appeal.

The first issue for our consideration is an exception of no cause/no right of action filed in this court by C.N., which alleges that La.Ch.C. article 1243 does not allow the child’s mother as a party petitioner.1 The persons who may petition for intra-family adoption enumerated in article 1243 do not include the parent of a child. However, the consent of a parent whose parental rights have not been terminated must be obtained in an intra-family adoption. A parent of an illegitimate child who is married to the petitioning spouse shall join in the petition. La.Ch.C. article 1244 C. The child’s mother herein is married to the petitioning spouse. Accordingly, we find no merit in C.N.’s exception of no cause/no right of action.

The facts alleged in the petition for in-tra-family adoption that are not disputed are that the child, C.S.K. was born out of wedlock on June 14, 1997 to A.C. and C.N. C.N., the natural father, is not named on the birth certificate and has never executed a legitimation by authentic act. Further, C.N. had not established his parental rights in accordance with the Louisiana Children’s Code or had his paternity determined by a judgment of filiation.

The petition further alleges that petitioners, J.C. Ill and A.C., were legally married on December 27, 2000, and that C.S.K. has lived with them continuously since that date.

It is apparent from the extensive and well-crafted reasons for judgment that accompany the judgment, that the juvenile court judge took many factors into consideration before making the decision to ter-mínate C.N.’s parental rights. The | /actual findings outlined in the reasons for judgment are supported by the record, and are summarized below.

The record shows that C.N. and A.C. lived together in 1996 and that A.C. became pregnant during the couple’s co-habitation. They lived together for part of the pregnancy. From September to December of 1996, the two shared living expenses. C.N. began paying all living expenses in January 1997, when A.C. began nursing school. Near the end of her term of pregnancy, A.C. left the residence she shared with C.N. and moved in with her mother. While the testimony of the parties vary as to the amount of support C.N. supplied during the later part of the pregnancy and birth, it is clear that C.N. made some contribution.

On June 14, 1997, C.S.K. was born. The costs of the birth were paid by Medicaid. A.C. and the baby returned to the home of A.C.’s mother after release from the hospital. A nursery was set up for the baby, to which C.N. contributed a changing table. C.N.’s name was not put on the birth certificate, and he testified that he did not seek legal advice, execute an Act of Acknowledgment, or register with the Punitive Father Registry. C.N. testified that he was seeing his daughter and he didn’t think the legalities mattered.

Shortly after C.S.K. was born, C.N. visited daily. However, after a few weeks the visits became more sporadic. Then in March, 1998, A.C. and the baby moved back into the apartment with C.N. and it is undisputed that C.N. paid for all household expenses. A.C. left C.S.K. in the care of her maternal grandmother and attended [684]*684nursing school during the day. There is a dispute over whether C.N. paid the grandmother for the babysitting services. C.N. alleges he did, but the grandmother denies any payment.

In June of 1998, the couple broke up again and A.C. left the apartment. On August 8, 1998, C.N. was arrested on drug charges and possession of an automatic handgun. At the hearing in juvenile court, C.N. admitted he was engaged in drug 1 strafficking, but denied any personal use of drugs. After C.N. posted bond and was released from prison, he lived with A.C. temporarily while he looked for his own apartment. There is some disagreement between the parties as to the amount of time actually spent in the apartment with A.C. and the baby. Throughout this period A.C. maintains that she received no financial help from C.N. for household expenses or child support. A.C. further testified that C.N. spent little time with the child and did not spend Christmas with C.S.K. or give her any gifts. A.C. stated that she was forced to apply for welfare to help cover the cost of C.S.K’s daycare.

In the summer of 1999, C.N. moved out of the apartment and A.C. and the child moved in with A.C.’s sister. At that time C.N. gave A.C. one child support payment of $600.00. The parties do not agree on the amount of time C.N. spent with C.S.K. during this period. They agree that he visited on Fathers’s Day, took the child to Chuck E Cheese once that month, and took C.S.K. once for an overnight visit. A.C. testified that, although C.N. was listed as a person to whom the daycare center could release the child, C.N. never took advantage of that privilege. However, C.N. testified that he often picked C.S.K. up from daycare and visited often.

In November 1999, C.N. was again arrested on drug charges in Texas. At some point in 1999, a friend of C.N.’s brought an envelope with about $1,000.00 in cash to A.C. at C.N.’s direction. On January 8, 2000, C.N. gave A.C. $500.00 in child support.

The last time C.N. visited with C.S.K. was during the Christmas season in 1999. C.N. pled guilty to possession with intent to distribute marijuana on January 25, 2000, and was sentenced to serve a 30-month term in Federal Court. On May 21, 2001, he pled guilty in St. Charles Parish for possession with intent to distribute marijuana, and was sentenced to serve a four-year sentence to be concurrent with the sentence imposed in Federal Court.

| ^Except for some testimony that C.N. called A.C. to request photographs of C.S.K., and a request that she visit him in prison on Father’s Day 2001, there is no evidence that he made any attempt to contact his daughter while in prison. Further, while C.N.

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Bluebook (online)
861 So. 2d 681, 3 La.App. 5 Cir. 0761, 2003 La. App. LEXIS 3135, 2003 WL 22671570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jrc-lactapp-2003.