Knapp v. Adoption of Cotten

577 So. 2d 241, 1991 WL 35092
CourtLouisiana Court of Appeal
DecidedMarch 5, 1991
Docket90 CA 1231
StatusPublished
Cited by17 cases

This text of 577 So. 2d 241 (Knapp v. Adoption of Cotten) 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
Knapp v. Adoption of Cotten, 577 So. 2d 241, 1991 WL 35092 (La. Ct. App. 1991).

Opinion

577 So.2d 241 (1991)

Gary Bernard KNAPP
v.
Applying for ADOPTION OF Christy Michelle COTTEN.

No. 90 CA 1231.

Court of Appeal of Louisiana, First Circuit.

March 5, 1991.
Writ Denied May 17, 1991.

*242 Ernest S. Anderson, Slidell, for appellee-plaintiff.

Bennett Wolff, New Orleans, for appellant-Father.

Before EDWARDS, WATKINS and LeBLANC, JJ.

WATKINS, Judge.

Defendant, Jerry R. Cotten, the natural father, appeals the granting of an adoption of his minor daughter, Christy Cotten, by her stepfather, Gary Bernard Knapp.

Gary Bernard Knapp applied for the adoption of his stepdaughter, Christy Michelle Cotten, the natural child of his present wife, Iva Charmaine Knapp, pursuant to the provisions of LSA-R.S. 9:422.1, which permits adoption of a child by a stepparent whose spouse is a legitimate parent without the consent of the child's other legitimate parent when that parent has refused or failed to comply with a court order of support for a period of one year.

Jerry R. Cotten admitted that he failed to pay the court ordered support for one year prior to the petition for adoption, but he alleged that because of his financial problems he and his ex-wife agreed to defer child support until he was able to sell his home. Mr. Cotten further alleged that the adoption was not in Christy's best interest.

*243 The trial judge found that the requirements of LSA-R.S. 9:422.1 had been met and that there was no agreement to defer the child support payments. The judge further found that the adoption would be in Christy's best interest.[1]

Jerry R. Cotten appeals alleging, inter alia, that the adoption is not in Christy's best interest.[2]

FACTS

Jerry R. Cotten and Iva Charmaine Knapp were married on November 20, 1976, in North Carolina, and one child, Christy Michelle, was born of their union on January 12, 1981. The couple separated shortly thereafter and on April 16, 1982, Mrs. Knapp was granted custody of Christy, subject to visitation rights in favor of Mr. Cotten. The court further ordered Mr. Cotten to pay $200.00 per month child support. On May 5, 1982, a divorce was rendered. In July of 1982, when Christy was eighteen months old, Mrs. Knapp moved to Louisiana with Gary Bernard Knapp; she married him in August of 1982.

From the time of his separation from Iva Charmaine Knapp, through 1983, Mr. Cotten telephoned Christy approximately once a week. He exercised visitation every other weekend until Christy moved to Louisiana. Thereafter, Mr. Cotten had Christy visit with him for several weeks at a time, twice a year. Mr. Cotten also called Christy every few months and sent flowers on her birthdays. Mr. Cotten's attempts to visit with Christy for extended periods of time prompted Mrs. Knapp to petition the court in 1984 to reduce visitation because of Christy's age and the effect the long separations from her mother would have on her. The court modified the previous custody agreement to provide that Mr. Cotten was entitled to a total of eight weeks visitation per year, and that until Christy was ten years old the maximum time per visit would be two weeks.[3] Mr. Cotten was required to give a 20-day notice prior to each visit. The court order also provided that the plaintiff and defendant consult together frequently by telephone or correspondence in an effort to mutually agree in regard to the general health, welfare, education and development of the minor. Neither party was to attempt or condone any attempt, by artifice or subterfuge, to estrange the child from the other party or injure or impair the mutual love and affection of the child. The court order also mandated that "the parties shall encourage and foster in the child sincere respect and affection for both parents and shall not hamper the natural development of the child's love and respect for the other parent."

Since 1984 Christy visited with her father on the following dates:

December 24, 1984—January 8, 1985
August 24, 1985—September 14, 1985
December 26, 1985—January 8, 1986
July 26, 1986—August 14, 1986
December 13, 1986—December 26, 1986
*244 August 1, 1987—August 22, 1987
December 27, 1987—January 1, 1988

On July 27, 1988, Mr. Cotten attempted to arrange a visit with Christy. However, Mrs. Knapp informed him that they had made previous plans and would be visiting her parents for three weeks. Mrs. Knapp's parents live in South Carolina, approximately four to five hours from Mr. Cotten. Although Christy was only four to five hours away, Mrs. Knapp refused to permit Mr. Cotten to visit with Christy. On December 14, 1988, Mr. Cotten called and spoke to Christy; Mrs. Knapp was not at home. Mr. Cotten called again on December 24 to arrange a visit; although this visit was denied, he admitted that he did not comply with the 20-day notice requirement. During the phone conversation on December 24, Mr. Cotten and Mrs. Knapp engaged in a heated discussion concerning Christy and Mr. Cotten's visitation. It was finally agreed that if it could be worked out, Mr. Cotten could visit with Christy over the Mardi Gras holidays. Mrs. Knapp did not inform Mr. Cotten that the petition for adoption had been filed on December 12, 1988, and that her attorney advised her not to allow Mr. Cotten to visit Christy until the proceedings were complete. At this point Mr. Cotten had not seen Christy in one year. It would be another eight months before he would see his daughter, and then only in the company of a psychologist for the purpose of evaluation. Another three months would pass before the final hearing in the adoption was held.

The evidence also shows that since the time of their separation Mrs. Knapp has done little to encourage and foster the relationship between Christy and her father. During this time Mr. Cotten has never received a telephone call from his daughter, although he asked that she call him collect any time. Christy has sent no correspondence or cards, although Mr. Cotten requested it and provided self-addressed stamped envelopes. Mrs. Knapp has not called or corresponded with Mr. Cotten concerning Christy except to inquire about child support, and in 1986 when she and Mr. Knapp were trying to obtain Mr. Cotten's consent to adopt Christy.[4] Despite repeated requests from Mr. Cotten, Mrs. Knapp has condoned Christy's referring to her father by his first name instead of "Daddy." Notwithstanding the court order to the contrary, Mrs. Knapp testified that it was not her place to encourage the relationship between Mr. Cotten and Christy. The documented evidence of letters sent by Mr. Cotten to Mrs. Knapp and to his attorney throughout the years since he and Mrs. Knapp divorced shows that Mrs. Knapp has been less than cooperative concerning Christy's relationship with her father and that Mr. Cotten consistently pleaded with Mrs. Knapp to cooperate for Christy's sake. Mr. Cotten also testified that he did not instigate legal proceedings against Mrs. Knapp because he did not want the situation to get any worse between them. Instead, he tried to appease Mrs. Knapp whenever he could.

The uncontradicted evidence shows that from April 16, 1982, through August 1987, Mr. Cotten was current in his child support payments. He admits that from December 8, 1987, through January 20, 1989, he failed to tender any child support payments to Mrs. Knapp. He testified that during this period he was experiencing both financial and health problems.

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Cite This Page — Counsel Stack

Bluebook (online)
577 So. 2d 241, 1991 WL 35092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knapp-v-adoption-of-cotten-lactapp-1991.