In Re Morris

892 So. 2d 739, 2005 WL 156823
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2005
Docket39,523-JAC
StatusPublished
Cited by13 cases

This text of 892 So. 2d 739 (In Re Morris) 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 Morris, 892 So. 2d 739, 2005 WL 156823 (La. Ct. App. 2005).

Opinion

892 So.2d 739 (2005)

In re Shad Adam MORRIS Applying for Intrafamily Adoption.

No. 39,523-JAC.

Court of Appeal of Louisiana, Second Circuit.

January 26, 2005.

*740 Julie C. Jones, for Plaintiff Appellant Shad Adam Morris.

Robert E. Bethard, Coushatta, for Plaintiff Appellee Danny Wayne Goodwin, Jr.

McKeithen Law Office by Anita D. McKeithen, Shreveport, for Defendant Appellee Danny Wayne Goodwin, Sr.

Before STEWART, GASKINS and LOLLEY, JJ.

STEWART, J.

This is an appeal by a stepfather from a judgment denying his petition for an intrafamily adoption. Upon finding that a traumatic event impacted the parent-child relationship, the trial judge determined that cutting all ties between the biological father and the child would not be in the child's best interests. The stepfather argues that the trial judge erred in failing to find that the biological father's consent was not required for the adoption and in determining that adoption was not in the child's best interests. Because the trial judge has great discretion in determining whether adoption is in the child's best interests and because the facts of this matter present a difficult decision about which reasonable minds could differ, we find that the trial judge did not abuse his discretion in denying the adoption, and we affirm.

*741 FACTS

The parents of the child, who was born in 1995, divorced on March 3, 2000. The judgment provided for joint custody of the child, named the mother and father co-domiciliary parents, and designated the father's home as the primary residence of the child. The mother married the stepfather petitioner on March 4, 2000. At first, the parents shared custody of the child on an equal basis. However, in August 2002, the child began attending a private school near his mother's home in Coushatta and living with his mother and stepfather. The father did not object to this change. Since the mother wanted the child back home on Saturday to be ready to attend church services on Sunday, this new arrangement limited the father's time with the child to Friday night visitations.

The situation deteriorated during Thanksgiving of 2002, when the child, who was seven years old, told his mother that he had been molested by a cousin during visits with his father in Shreveport. When informed of what had occurred, the father became very upset. After hearing that his child had been molested, the father did not have contact with his child again until February 2003. He has neither visited nor called the child since then. We note that the father's family had difficulty believing that the child had been molested by a cousin and initially thought that it was a figment of the child's imagination. However, the alleged molester, a cousin only a few years older than the child, later admitted to molesting the child.

The stepfather filed the petition for intrafamily adoption on July 14, 2004. He alleged that because the father had failed to communicate or visit with the child since February 2003, his consent was not required for the adoption. The father filed an objection, and the matter was heard on September 13, 2004.

At the hearing, the mother testified about the facts related above and about the child's relationships with his father and stepfather. She stated that the father's contact with the child had gradually slacked off prior to the time she found out about the molestation. She described the father's life as unstable. He had not worked since being involved in an accident on July 26, 2002, while riding bikes on a Friday evening with the child. He had dated a woman with a drinking problem in 2000, and then married another woman in May 2001 with whom he has had an unstable relationship. She also noted that he had used marijuana in the past.

The mother explained that during the year prior to when she found out about the molestation, the child did not want to go visit his father. She would have to pull over during driving the child to visits, because he would vomit. After finding out that the child had been molested while in his care, the father did not see his child until February 2003 when he visited the child twice in Coushatta and had one overnight visit. The mother related that during the overnight visit, the father took the child to a late movie and then left him in the vehicle while he went into someone's house.

The mother described a close and loving relationship between the child and the stepfather. The stepfather attended therapy with the child following the molestation. He is actively involved in the child's school. They spend a lot of time together, and the stepfather even brings the child with him to work when school is out. The family attends church regularly and spends Saturdays together as a family day. When asked how the stepfather treats her child, she stated, "Just like he's his dad." She also explained that the child asked three times to be adopted before they filed the petition for adoption.

*742 The stepfather also testified that the child wanted the adoption so that he could have the same last name as the rest of the family. The stepfather stated that he feels the child is as much his as anyone else's. He described the many things they do together, and he explained that he wants to teach the child the value of work. The stepfather related that the family has grown even closer since learning about the molestation. He attended therapy with the child as he felt the child needed a father — someone to stand beside him so that he would know that he was protected. The stepfather noted that he could continue the same relationship with the child even if the adoption is not granted. Finally, the stepfather stated that he liked the child's father and never had a problem with him.

In his testimony, the father admitted that he had used marijuana in the past when married to the mother, but he claimed that he no longer uses it. He testified that he has been unable to work since sustaining back injuries in the bicycle accident and that he takes a number of medications for pain. He has maintained health insurance covering the child, and he continues to pay the child's medical bills. Although currently married, he was unaware of his wife's whereabouts.

The father further testified that he had regular contact with his child until he found out about the molestation from the mother. He blamed himself for what happened. Although the mother did not blame him, he felt there was some animosity since the child had been in his care when the molestation occurred. He explained that the mother told him the child did not want to come to Shreveport anymore. He took this to mean that the child did not want to see him, so he stopped calling. The father noted that his family had difficulty accepting that the child had been molested by a young relative. Lastly, the father claimed that prior to the petition for intrafamily adoption being filed, he had spoken with an attorney about how to go about establishing contact with the child.

The father's mother also testified on his behalf. She stated that the adoption would be devastating for her son and that he very much wants to see his child. Although she mailed letters and cards to the child, she never tried to visit him even though she made numerous trips to Coushatta. She admitted that it was difficult at first to believe that the molestation had occurred as both children involved are her grandsons.

At the request of counsel for the stepfather, the trial judge ordered a drug test for the father.

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Related

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In re B.J.C. Applying for Intrafamily Adoption
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Justin Hodges v. Amy Hodges
181 So. 3d 700 (Supreme Court of Louisiana, 2015)
In re Adoption of B.C.F.
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In Re Chance J.
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Cite This Page — Counsel Stack

Bluebook (online)
892 So. 2d 739, 2005 WL 156823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-morris-lactapp-2005.