In re Puckett

137 So. 3d 1264, 2014 WL 1499534, 2014 La. App. LEXIS 1029
CourtLouisiana Court of Appeal
DecidedApril 17, 2014
DocketNo. 49,046-JAC
StatusPublished
Cited by10 cases

This text of 137 So. 3d 1264 (In re Puckett) 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 Puckett, 137 So. 3d 1264, 2014 WL 1499534, 2014 La. App. LEXIS 1029 (La. Ct. App. 2014).

Opinion

CARAWAY, J.

|Jn this intrafamily adoption case, the unwed biological father enlisted in the Navy when the child was one year old and remained in military service for five years. The child’s mother married the petitioner/stepparent, who later brought this action to adopt the child without the consent of the father. The child was four when the suit was filed. Petitioner asserted that the father refused or failed to visit, communicate or attempt to communicate with the child for a period of six months before the action. The father opposed the adoption and the termination of his parental rights, claiming that petitioner and the child’s mother prevented him from fostering a relationship with the child. He also asserts that the Servicemembers Civil Relief Act provides him protection from this action during the time of his military service. The trial court rendered judgment in favor of petitioner finding no just cause for the father’s lack of communication with the child and authorizing the adoption. Finding manifest error concerning the determination of just cause, we reverse.

Facts

On May 11, 2007, the child K.B. was born out of wedlock to Alexis Brianne Puckett (“Brianne”) and Jonathan Brown (“Jon”), who were both teenagers. Jon and Brianne never subsequently married, but Jon’s name appears on the child’s birth certificate. For the first year after the child’s birth, the child lived with Brianne at Brianne’s mother’s house. During the first three months of KB.’s life, Jon consistently visited the child, with visits the next three months becoming less frequent.

| ¡Around March or April 2008, Jon began considering his options for joining a branch of the United States military. He claimed that he was seeking to provide a better life for K.B. At the time, he was in his first year in college. He was attempting to help provide a few things for K.B., and would drive to the Shreveport area to visit K.B. and Brianne. Jon thought he was not making enough money to stay in school and to help provide for K.B. During that time, he worked delivering pizza, and at one point, worked at a casino.

When Jon initially brought up the idea of joining the military, Brianne was unsup-portive. Nevertheless, on May 27, 2008, Jon enlisted in the Navy and was stationed in Connecticut after boot camp. Jon did not tell Brianne that he had enlisted. Before he left for Connecticut, Jon had a paternity test done, which concluded he was the biological father and subsequently had child support payments set up through the state. The support obligation was slightly over $200 per month and has been regularly paid out of his Navy pay.

Jon’s service in the Navy lasted until his discharge on May 27, 2013. During that time, Jon was a crewman on a nuclear submarine. He spent roughly 70% of his time during any given year underwater. Parts of Jon’s deployment included actual voyages and fast cruises, when the crew of the submarine board the vessel and simulate a voyage without ever leaving port. At other times he had dry dock duties, which included watches and other dry land duties. Jon claims that while on land, he worked long hours, but he did have occasional computer access. Jon had a maximum of 30 and a minimum of 21 days of leave per year. Throughout his service, he would 13have leave roughly every six months around Christmas and the end of May or early June. These leave periods typically lasted about one and a half weeks each. When on leave, Jon would come to the Shreveport area.

[1267]*1267Jon’s visitation of K.B. began to taper off in the fall of 2007. Jon attributes this diminished visitation to Brianne’s finding out that Jon was dating Mary Timmons. However, Jon did visit K.B. in December 2007. Between December 2007 and when he joined the military in late May 2008, he saw the child one or two more times, including a visit at a duck pond in February 2008.

In September 2008, Brianne married Jeremy Puckett (“Jeremy”). Over time, Jeremy began to become more of a father figure to K.B., and K.B. began referring to Jeremy as “Daddy.” Also, over time, Jeremy began to see himself as KB.’s father, and went to father-daughter type events. Jeremy considers himself as the person who provides for both K.B. and Brianne and who has over time asserted more control over major decisions involving K.B.

During Jon’s military service, his visits, communication, and attempts to communicate with K.B. were sparse. Jon’s first leave was in December 2008, when he came back to the Shreveport area. Jon sent a letter to Brianne, through his sister, because he did not know Brianne’s address. His prior experiences with Brianne were that she often moved with her mother, Tammie Hill, when she still lived with her. Although he knew the physical location of Tammie’s home, he did not know the address. Once Jon’s sister learned where to send the letter, she sent it by certified mail. In the letter, Jon states that he is writing “because [he] would like to see [K.B.] at least one time when [he] comes home.” He goes on to state: “I can pick [K.B.] up |4anytime at your convenience between Saturday, December 27th and the following Thursday. Any of those days will be good[,] just let me know. I do not have a return address right now[,] so you can mail or email my sister Shannon your reply.”

Shortly before the letter was sent, Jon’s sister Shannon contacted Brianne through social media about having lunch and visiting K.B. Brianne declined, stating,

[S]he has everyone she’ll ever need and she has an amazing father [Jeremy] who will and has done everything he could ever do her and also two set grandparents and uncles & aunts that love her more than anything.... so no I don’t think it would be right to confuse her on whos family and whos not.... thanks for the invite anyways sorry things couldnt of been different.... I don’t only blame you I blame your entire family [sic, generally]! (ellipses in original)

Shannon never visited with K.B. after this response.

Further, that December, Brianne and her mother contacted the police to pursue misdemeanor carnal knowledge of a juvenile charges. Jon was a little over three years older than Brianne when she became pregnant. He was also over 18 years old at that time. The investigating detective, Angie Wilhite, testified that Brianne and her mother specifically told her that they would drop the charges if Jon surrendered his parental rights to K.B. Jon also testified that Brianne made this quid pro quo offer. Nothing ever came of the charges.

Jon’s next leave period was in May 2009. In the months prior to that, Jon claims he did not have Brianne’s address. However, he did have access to a computer during that time. He states he had attempted to find Brianne by social media, but was unable to locate her. He claims he attempted to view her pages so that he might see pictures of K.B. When he was home for Isthis leave, he had a chance meeting with Brianne in a Shreveport store. Jon was with his fiancee, Mary Timmons, to buy a few items; Brianne was with Jeremy’s sister and K.B. At first, Jon and K.B. made eye contact and continued on their way; [1268]*1268K.B. was not with Brianne at that moment. Jon claims that his relationship with Brianne at that point was strained. After the chance encounter, Brianne told Jeremy’s sister that she had seen Jon. Thereafter, Brianne returned to Jon with K.B. in tow. An argument ensued because Brianne was angry that Jon had not made contact on K.B.’s birthday, which was a few days prior.

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Bluebook (online)
137 So. 3d 1264, 2014 WL 1499534, 2014 La. App. LEXIS 1029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-puckett-lactapp-2014.