In re Oscar C.

598 A.2d 1093, 1991 R.I. LEXIS 155, 1991 WL 221711
CourtSupreme Court of Rhode Island
DecidedNovember 1, 1991
DocketNo. 90-20 Appeal
StatusPublished
Cited by1 cases

This text of 598 A.2d 1093 (In re Oscar C.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Oscar C., 598 A.2d 1093, 1991 R.I. LEXIS 155, 1991 WL 221711 (R.I. 1991).

Opinion

OPINION

MURRAY, Justice.

This is an appeal by Oscar B. Chapman III, the natural father of Oscar C., from a Family Court decree permitting the natural mother’s husband to adopt Oscar C. without the natural father’s consent, as permitted under G.L. 1956 (1988 Reenactment) § 15-7-7. The natural father’s parental rights were terminated on grounds that “[t]he parent has willfully neglected to provide proper care and maintenance for the child for a period of at least one year where financially able to do so.” Section 15-7-7(l)(a).1 We reverse.

The following facts are established by the record. Oscar B. Chapman III (Oscar III) and Robin Chapman Martini (Robin) were married in 1973 and divorced in 1980 on grounds of irreconcilable differences. The couple had one child, Oscar C., who was bom in October 1975. Robin was awarded custody of the child, and Oscar III was granted reasonable rights of visitation pursuant to the final judgment entered July 29, 1980. Pursuant to this judgment Oscar III was ordered to pay to Robin the sum of $50 per week in child support; to maintain life and health insurance for the benefit of the child; and further ordered to pay all reasonable dental and medical bills incurred on behalf of the child. Robin re[1094]*1094married in 1981 and resides in Cranston. Oscar III remarried in 1987 and resides in Westerly.

Dissension arose between Robin and Oscar III as to the visitation schedule, which culminated in a series of motions filed by the parties relating to child support and the visitation schedule. In September 1984 an order was entered that required Oscar III to pay an arrearage in the sum of $350. It also modified the visitation schedule to provide for visitation with the child every other weekend plus various holidays.

In July of 1985, Oscar III filed a second motion to modify visitation requesting to have Oscar C. in his care and custody for four uninterrupted weeks during the summer of 1985. This motion was allowed. A third order dated August 28, 1985, was entered, calling for visitation on alternate weekends, alternate holidays, three days of each school vacation, Christmas and New Years and at least one uninterrupted month during the summer. Oscar III filed another motion in December 1985, claiming that Robin refused to allow him visitation with Oscar G. as called for by the previous order. Another order was entered in January 1986 which maintained the visitation schedule delineated in the order dated August 28, 1985, except that in the event Oscar C. did not wish to visit with his father he would not be obligated to do so.

In February 1989 Oscar III moved for a change of custody seeking to adjudge the mother in willful contempt for denying him visitation and requested that the court appoint a guardian ad litem to represent the interests of the child. In his affidavit attached to the motion, Oscar III asserted that he had been denied all forms of visitation, including telephone access, to his son since February 1988. He also claimed that the mother had attempted to alienate the child from him.

On March 7, 1989, Robin and her husband, Joseph Martini, filed a petition to permit Mr. Martini to adopt Oscar C. In their petition, they alleged that “the natural father has failed to provide support for a period of one (1) year having sufficient ability to do so.”

Hearings on the petition for adoption took place on May 23,1989, and August 15, 1989.2 At the hearings Oscar III admitted that in 1988 he failed to make child-support payments to Robin. He testified, however, that he deposited money into an account on behalf of his son and presented evidence in the form of a bank book that contained more than $7,000. He also testified that he had taken out an annuity in Oscar C.’s name in the amount of $100,000. Oscar III testified that he set this money aside rather than pay it in child-support payments to his former wife because he had been denied visitation. Although the original order directed Oscar III to pay Robin $50 per week, the parties’ conduct established an alternate method of payment. Oscar III testified that there was an “agreement” in place that he would send checks to Robin through Oscar C. at the end of each visitation. Consequently, as the frequency of visitation declined and eventually ceased, so did the payment of support. Oscar III introduced into evidence an exhibit illustrating this course of conduct. The exhibit lists visits from May 1986 through December 1987 and the coinciding child-support payment tendered to Robin via Oscar C.

Oscar III testified that the last visit by the child to his home was in December 1987. Oscar III did, however, see his son in March 1988, but this meeting did not result from a scheduled visitation. Oscar C. was visiting another relative at the time of the christening of Oscar Ill’s newborn baby, and Oscar C. attended the post-christening reception held at his father’s house. Oscar III asserts that this visit was not visitation as contemplated by the divorce decree, and claims that he was, in fact, denied visitation in 1988. Oscar III also testified to his frequent attempts to contact his son, most of which proved unsuccessful. He introduced a list of approximately 199 telephone calls he had made between [1095]*10951985 and September 1988 — 42 of which were returned by his son collect. Testimony revealed that Oscar III had sent cards to his son which were returned to him unopened marked “Return to Sender.”

On January 25, 1989, Oscar III tendered to Robin a check in the amount of $500. From February 1989 through May 1989 Oscar III tendered to Robin eleven $75 checks. Oscar III testified that the $500 check was for arrearages; that $25 of each $75 check tendered thereafter was also for arrearages; and that the balance of each was for current support payments. Oscar III testified that, according to his calculations, the total amount due as of the date of the May 23, 1989 hearing was $2,225. Oscar III introduced into evidence at that hearing a check prepared in the amount of $2,225.

Robin testified that she never discouraged her son from visiting his father; nor that she prevented him from receiving or making telephone calls to or from his father. She testified, however, that Oscar C. did not like to visit with his father.

At the close of the May hearing and before he rendered his decision the trial justice ordered that Oscar C. be interviewed by Dr. James E. Greer, a child-psychiatrist consultant In his report, the doctor noted that Oscar C. stated that he first decided to pursue the idea of adoption by his stepfather because of an unsatisfactory relationship with his natural father. Oscar C. described his relationship with his stepfather as loving and supportive, and claimed that neither his stepfather nor mother asserted influence upon him regarding the adoption.

Doctor Greer also interviewed Robin while Oscar C. was present, and interviewed Oscar III on a separate occasion. The doctor received conflicting information as to the circumstances which led to Oscar C.’s request for adoption: Robin asserting that she fostered a neutral environment and that the adoption petition was at Oscar C.’s request; and Oscar III claiming that Robin’s behavior caused Oscar C. to become alienated from him.

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Related

State v. Fritz
801 A.2d 679 (Supreme Court of Rhode Island, 2002)

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Bluebook (online)
598 A.2d 1093, 1991 R.I. LEXIS 155, 1991 WL 221711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-oscar-c-ri-1991.