Sanders v. Savage

2015 Ark. App. 461, 468 S.W.3d 795, 2015 Ark. App. LEXIS 543
CourtCourt of Appeals of Arkansas
DecidedSeptember 9, 2015
DocketCV-15-66
StatusPublished
Cited by6 cases

This text of 2015 Ark. App. 461 (Sanders v. Savage) 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
Sanders v. Savage, 2015 Ark. App. 461, 468 S.W.3d 795, 2015 Ark. App. LEXIS 543 (Ark. Ct. App. 2015).

Opinion

LARRY D. VAUGHT, Judge

11 Appellant Joshua Sanders appeals a decree of the Boone County Circuit Court granting appellees Tyler and Janice Savage’s petition for adoption of Sanders’s two minor children. Joshua argues on appeal that the circuit court lacked jurisdiction over the case because Janice and Tyler failed to strictly comply with the adoption code, and he challenges the circuit court’s findings regarding consent and best interest of the children. We affirm.

Joshua and Janice were in a relationship between 2007 and 2009. Two children were born during the relationship. J.C.H. was bom October 14, 2007, and J.L.H. was born September 9, 2009. Joshua was determined to be the biological father of both children. The relationship ceased in 2009, and Janice maintained custody of the children. In 2010, Janice began a relationship with Tyler, and they married in March 2013. Janice and Tyler filed a petition on January 8, 2014, to allow Tyler to adopt his stepchildren and claimed that Joshua’s consent was not required. Joshua denied the allegations and claimed that he had 12been involved in the children’s lives, had faithfully paid child support, and had regular visitations with the children until March 2013, when Janice refused to allow him to have contact with the children. Joshua filed a petition for visitation and name change in the Boone County Circuit Court in September 2013. 1

At the adoption hearing on September 14, 2014, Joshua testified that he was having daily contact with his children and paid court-ordered child support until 2012, at which time he only saw them about once a month at his parents’ house. He testified that his contact with the children was mainly through the efforts of his mother, who had passed away in January 2014. Joshua acknowledged that he never went to the court to obtain a visitation schedule but only relied on his mother because Janice communicated with his mother. Joshua testified that he gave up attempting to see his children. Joshua lived only three miles away from Janice at one time but never went to her house, choosing only to make phone calls because he did not want it to be deemed harassment. Joshua saw his children on Christmas Day 2012 at his parents’ house, where he also lived at the time. He testified that the last time he had contact with his children was also at his parents’ house in late January or February 2013.

Although Joshua was aware that Janice had married Tyler in 2013, he did not attempt to arrange visitation because he thought she had moved to Kentucky. He testified that it was|snot until he heard she had moved back to Boone County during the summer of 2013 that he filed a petition for visitation in September 2013.

Joshua stated that his younger son was a stranger to him and that his visits had been sporadic because Janice would not let him see the children. He did not send his children birthday cards or gifts and recalled giving a small Christmas gift on only two occasions. Joshua testified that he has never been to a parent-teacher conference or made contact with their schools to ask for a schedule.

Janice testified at the hearing that she and Joshua had been in an on-and-off relationship and lived together from November 2008 to February 2009. She moved out of the home because she was scared of Joshua, testifying that he occasionally drank to excess and used drugs. She found methamphetamine paraphernalia in the home. Janice went into labor ten weeks early with the second child and was hospitalized, but Joshua never reached out to her, nor was he present for the child’s birth. She testified that Joshua had not had regular contact with the children since September 2011, when he came to the younger child’s birthday party. Janice testified that since 2011, Joshua’s visitation was supervised. She admitted that she denied visitation from 2010 until the time of trial because of his behavior. In addition, she stated that she had expressed concern to Joshua’s mother that she did not want him to know where she lived, but Joshua’s mother knew where she lived at all times. Janice acknowledged that he did see the children on Christmas in 2010, 2011, and 2012. The last visitation she scheduled with Joshua’s parents was in March 2013 for about twenty minutes at a park, and Joshua was not present at that visitation. Prior to that visit, the last contact was a few months beforehand, and Janice testified that only Joshua’s mother was |4present. Janice testified that her older son never mentioned Joshua and that the younger son did not know who he was. Janice testified that in seven years he had only given the children two water guns. She gave the t-ball schedule to Joshua, but he never went to a game. She stated that he never asked about doctor’s visits, medical bills, activities, or school functions.

With respect to Tyler, Janice testified that he was an amazing father figure and was always there for the children. She explained that when he worked out of state, he spoke to the children on the phone daily and helped them with their homework. Janice recorded their games because he did not want to miss them, and he talked to the children after the games. She stated that Tyler had been the most consistent male figure in the children’s lives and had raised them. She said that they saw Tyler as a father figure and were extremely happy when he was around. The children called him dad, daddy, or Ty.

Tyler testified that he had been in a relationship with Janice since early 2010, and he met the children that year. He stated that he and Janice married in March 2013. He worked out of state in the gas-pipeline field as a supervisor but was home several months a year and for holidays. He said that since they ■ had been married, Janice and the children had lived with him during the summers where he worked. The boys had rooms in his apartment where he lived when he was away for work. He traveled for work because he could not make the same kind of money in Boone County. He stated that his role as their father figure gradually increased. While he was away,- he communicated with Janice daily through phone calls, texts, and FaceTime. He stated that he had always talked to the boys on the phone, and when, he and Janice got iPhones, he FaceTimed the children daily. He called out spelling words over the phone. When he was home, he attended their school and extra-curricular activities. He |stestified that most of the time the children called him “daddy.” He testified about the personalities of each of the children and how he tried to teach them everything his father had passed down to him.

Tyler testified that during the time he had been with Janice, he had never known Joshua to call or visit the home where the children' lived or to send birthday or Christmas gifts. He said that Joshua had never, contacted him about seeing the children. He testified that the last time he knew that Joshua visited the children was at the younger child’s birthday party in 2011.

In the final decree of adoption, the court found (1) that-Joshua had erroneously and wrongfully withheld consent to the adoption and that he failed significantly without justifiable cause to communicate with the minor children for more than one year, and (2) that the adoption was in the best interests of the' children. This appeal followed.

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Related

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560 S.W.3d 800 (Court of Appeals of Arkansas, 2018)
In re Adoption J.N.
560 S.W.3d 806 (Court of Appeals of Arkansas, 2018)
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2017 Ark. App. 569 (Court of Appeals of Arkansas, 2017)
Rodgers v. Rodgers
2016 Ark. App. 447 (Court of Appeals of Arkansas, 2016)
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2016 Ark. App. 186 (Court of Appeals of Arkansas, 2016)

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Bluebook (online)
2015 Ark. App. 461, 468 S.W.3d 795, 2015 Ark. App. LEXIS 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-savage-arkctapp-2015.