In the Matter of the Adoption of Ap, Dillon Arnold v. Nicklaus Przytarski and Courtney Przytarski

2021 Ark. App. 440, 638 S.W.3d 293
CourtCourt of Appeals of Arkansas
DecidedNovember 10, 2021
StatusPublished
Cited by6 cases

This text of 2021 Ark. App. 440 (In the Matter of the Adoption of Ap, Dillon Arnold v. Nicklaus Przytarski and Courtney Przytarski) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of the Adoption of Ap, Dillon Arnold v. Nicklaus Przytarski and Courtney Przytarski, 2021 Ark. App. 440, 638 S.W.3d 293 (Ark. Ct. App. 2021).

Opinion

Cite as 2021 Ark. App. 440 Elizabeth Perry I attest to the accuracy and ARKANSAS COURT OF APPEALS integrity of this document 2023.07.14 11:15:41 -05'00' DIVISION IV 2023.003.20244 No. CV-20-677

Opinion Delivered November 10, 2021 IN THE MATTER OF THE ADOPTION OF AP APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT DILLON ARNOLD [NO. 26PR-19-671] APPELLANT HONORABLE JOHN HOMER V. WRIGHT, JUDGE

NICKLAUS PRZYTARSKI AND COURTNEY PRZYTARSKI APPELLEES AFFIRMED

KENNETH S. HIXSON, Judge

Appellant Dillon Arnold appeals from a Garland County Circuit Court’s final decree

granting an adoption petition filed by his ex-girlfriend’s current spouse, Nicklaus Przytarski

(Nicklaus). The circuit court granted Nicklaus’s request to adopt appellant’s minor child,

AP (DOB 08-11-2010). On appeal, appellant argues that the circuit court erred in granting

the adoption. Appellant more specifically argues that the circuit court erred by finding that

his consent was not necessary and that the adoption was in AP’s best interest. We affirm

the order of adoption.

I. Relevant Facts

Appellant and Courtney Basco (Przytarski), who were not married, had a child

together in 2010—AP. In 2016, appellant filed a paternity action in Hot Spring County, Arkansas. Appellant established paternity, and the circuit court granted him visitation with

AP and ordered him to pay $40 a week in child support. In 2017, appellant’s visitation was

temporarily suspended pending his completion of a drug-rehabilitation program and the

filing of a petition to reinstate his visitation rights.

In 2016, Nicklaus and Courtney were married. AP resided with Nicklaus and

Courtney in Garland County. On November 22, 2019, Nicklaus filed in the Garland

County Circuit Court a petition to adopt AP, and an amended petition was subsequently

filed on December 9, 2019. In his amended petition, Nicklaus alleged that AP was living

with Courtney and him; that AP was a resident of Garland County, Arkansas; and that

Courtney consented to his adoption of AP. Nicklaus further alleged that although appellant,

Dillon Arnold, had established paternity in 2016, appellant had “failed to see the minor child

in excess of one (1) year and has failed to pay child support in excess of one (1) year.”

Nicklaus additionally alleged that appellant had abandoned AP pursuant to Arkansas law by

failing to pay child support in excess of one year and that he should be permitted to adopt

AP because he was “physically and financially able to furnish suitable support to nurture and

educate the child.” Thus, Nicklaus prayed for an order permitting him to adopt AP and

that “upon the issuance of a Final Decree . . . that a substituted birth certificate be issued

showing [him] to be the parent of said child along with the child’s biological mother.”

On January 21, 2020, appellant moved to transfer venue from Garland County to

Hot Spring County, alleging that Hot Spring County had jurisdiction for all custody issues

because the original paternity action in 2016 had been filed in Hot Spring County. In his

motion, appellant also alleged that $2,540 in child support was paid on December 3, 2019.

2 Appellant further alleged that the paternal grandparents had also filed a petition on

December 16, 2019, in Hot Spring County to establish grandparents’ visitation rights. As

such, appellant prayed that the court transfer the case to Hot Spring County and dismiss the

petition for adoption.

Also on January 21, 2020, appellant filed his answer to the amended petition for

adoption in the Garland County Circuit Court. Appellant generally denied that the

allegations in the petition for adoption should be granted and stated that the adoption was

not in AP’s best interest because AP had “a significant and meaningful relationship with [his]

family.”

Nicklaus responded that Arkansas Code Annotated section 9-9-205 provides that,

generally, venue for an adoption is the county where the petitioner and minor child reside.

As such, he asserted that venue was proper in Garland County because Courtney and AP

reside in Garland County and prayed that the motion to transfer venue be denied.

A hearing on the pending motion to transfer venue and the amended petition for

adoption was held on May 29, 2020. After hearing oral argument on the merits of

appellant’s motion to transfer venue to Hot Spring County, the circuit court denied the

motion and heard testimony on the petition for adoption.

Courtney (Basco) Przytarski testified that she married Nicklaus on October 16, 2016,

and that AP has resided with them since then. She explained that the last time appellant

saw AP was in October 2017. Courtney explained that a December 22, 2017, order issued

by the Circuit Court of Hot Spring County temporarily suspended appellant’s visitation

with AP due to appellant’s failing a drug test and continued drug use. A copy of the order

3 was admitted into evidence. The 2017 order further provided that appellant was to “seek

drug rehabilitation and successfully complete it before petitioning the court to reinstate his

visitation rights.” Courtney testified that there was never a time in which she did not make

her address or whereabouts known to both appellant and the paternal grandparents.

Courtney also testified that appellant had failed to make child-support payments for a period

in excess of twelve months. In addition to Courtney’s testimony, an affidavit of child-

support arrears prepared by the Office of Child Support Enforcement was admitted into

evidence. The document reflected that appellant had been ordered to pay $40 weekly as of

August 5, 2016. The logs showed that no payments had been made in 2018, and the only

payment made in 2019 was after the petition for adoption had been filed. A lump-sum

payment of $2,540 was made on December 4, 2019, toward the child-support arrears,

leaving a balance due of $3,880 as of May 21, 2020.

Courtney explained that she believes the paternal grandparents are good people and

that they sometimes have AP’s best interests at heart. Courtney testified that there were

some recent issues with the grandparents not following her COVID-19 precautions and

instructions or returning AP to her as requested. She also testified that before the 2017

order, the grandparents would allow AP to be around appellant even though appellant “was

on drugs.” Courtney testified that she understood that if the adoption petition was granted,

Mr. and Mrs. Arnold would no longer legally be considered AP’s grandparents. She opined

that she did not think an adoption would be detrimental to AP because AP did not want to

go to the paternal grandparents’ home as much, and she explained that she would continue

to allow the paternal grandparents to see AP in the future even after an adoption was granted.

4 Courtney requested that the court grant the adoption and testified that Nicklaus has been a

stable father for AP. She explained that Nicklaus had changed his employment so that he

could provide for, and take care of, AP. Courtney also testified that if Nicklaus was granted

the adoption, AP could be added to Nicklaus’s insurance.

Nicklaus testified that he thinks of AP as his son and desires that AP have his last

name. Nicklaus admitted that although his relationship with AP would be the same

regardless of whether the adoption was granted, the adoption would prevent him from

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2021 Ark. App. 440, 638 S.W.3d 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-adoption-of-ap-dillon-arnold-v-nicklaus-przytarski-arkctapp-2021.