T. S. R. v. J. B. C.

308 P.3d 244, 257 Or. App. 745
CourtCourt of Appeals of Oregon
DecidedJuly 31, 2013
Docket12002CF; 02700; A152802
StatusPublished
Cited by2 cases

This text of 308 P.3d 244 (T. S. R. v. J. B. C.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
T. S. R. v. J. B. C., 308 P.3d 244, 257 Or. App. 745 (Or. Ct. App. 2013).

Opinion

EGAN, J.

Mother and stepfather appeal a supplemental judgment modifying a prior custody judgment and a general judgment denying their petition for stepfather to adopt child. They assign error to the trial court’s modification of the custody judgment, contending that there was insufficient evidence in the record for the trial court to conclude that it was in child’s best interests to allow father parenting time. They further assign error to the trial court’s denial of the adoption petition. We affirm.

The undisputed facts are as follows. When child was born, mother and father were living together, but they never married. Shortly after child’s birth, mother moved, and child continued to live principally with father for the following two years. Thereafter, father filed a filiation proceeding seekingjoint custody of child, and the court entered a judgment that granted mother custody and father supervised parenting time once a week. The court’s decision to limit father’s parenting time was based on its findings that, while under the care and supervision of father, child learned to use obscenities and expressed anger in excess of that of a boy of his age. The court also found that father had anger problems; that, while child was in potty training, father made child hold feces in his hands if child had an accident; and that, in general, father was not as concerned about child’s safety as mother was. The judgment, among other things, required father to take parenting classes, undergo a psychological evaluation, and pay child support.

Approximately seven months after the judgment was entered, mother filed a motion to terminate father’s parenting time. The court granted the motion, terminating father’s parenting time until he provided proof that he had complied with the judgment’s requirements that he undergo a psychological evaluation and pay child support.

Father eventually completed multiple parenting classes and underwent a psychological evaluation, which concluded that he met the diagnostic criteria for narcissistic personality disorder. Despite satisfying those requirements of the custody judgment, father did not contact mother or [748]*748child for almost two years following the termination of his parenting time. He then petitioned for parenting time, but that petition was denied.

Following the denial, over five years passed without father contacting mother or child. During that time, father married a woman who had a daughter from a previous relationship, and father and his wife eventually had a son. Father once again moved to modify the custody judgment to grant father parenting time. Additionally, father’s attorney sent a letter to mother’s attorney requesting parenting time. Shortly thereafter, mother and stepfather petitioned to terminate father’s parental rights and to permit stepfather to adopt child without father’s consent. Father opposed the petition for adoption. The court consolidated the modification proceeding and the adoption proceeding and held a hearing.

At the hearing, father presented evidence about his parenting of his stepdaughter and his younger son that demonstrated his involvement in their lives and his ability to parent them. Based on that testimony, the trial court found that father has a healthy relationship with his stepdaughter and younger son.

Father also submitted evidence that he had undergone a second psychological evaluation, which concluded that the symptoms of his narcissistic personality disorder were in remission and that there was nothing to suggest that father had anger control or aggression issues. However, the doctor who evaluated father specifically noted that he could not give an opinion regarding child’s safety with father because he had not had the opportunity to gather sufficient information to make that assessment.

Mother testified that, after she told child about father’s desire to have parenting time, she observed changes in child’s behavior, including increased signs of sadness and anger. In response to those behavioral changes, child began to see a therapist, Wright, who diagnosed child as having adjustment disorder with anxiety caused by father’s request for parenting time. Wright testified that child had had an anxiety attack while thinking about being forced to see father and that child had expressed experiencing a large [749]*749amount of worry about spending time with father. Child repeatedly told Wright that he did not want to see father. When Wright asked him what he would do if he were forced to have contact with father, child told her that he would kill himself. On another occasion, when asked the same question, child said that he would scream and pull his hair out.

Wright concluded that, in her opinion, child was not ready for contact with father. She stated that having contact with father would be child’s “worst fear come true” and expressed concern that it would traumatize child. She further stated that parenting time would cause psychological harm to child.

When asked on cross-examination whether she thought that contact between father and child would cause child’s fears and anxieties about father to subside, Wright stated that she was concerned that the exact opposite would occur. She acknowledged, however, that there was a possibility that contact could be positive for child.

Child testified at the hearing and reiterated that he did not want to see father. He explained that spending time with father worried him and that the prospect of having contact with father had made him very angry. Child further testified that he had told Wright that he would rip his hair out if he were forced to have contact with father and explained that she had taught him a breathing exercise to do to remain calm and avoid having such a reaction. When asked how he would feel if he was forced to see father, child explained that he would try to avoid father and stay calm.

With respect to father’s motion to modify the judgment, mother and stepfather contended that the evidence, specifically Wright’s testimony, established that child would suffer psychological harm if father were permitted to have parenting time and that, consequently, granting father parenting time was not in child’s best interests. They contended that father’s evidence, although demonstrating that he had a good parenting relationship with his stepdaughter and younger son, did not demonstrate that granting father parenting time would not place child at a risk of physical, psychological or emotional harm. Thus, mother and stepfather [750]*750contended that father had failed to present sufficient evidence from which the court could find that it was in child’s best interests to have parenting time with father.

Father responded that it was in child’s best interests to have parenting time with him. He explained that his psychological evaluation established that he did not pose a risk of harm to child and contended that child’s anxiety associated with having contact with father was due to mother’s attitude toward father. Father also contended that his relationship with his stepdaughter and younger son demonstrated that he is a capable parent.

With respect to the petition for adoption, mother and stepfather contended that the adoption of child by stepfather should be granted without father’s consent because father had willfully deserted or neglected child within the one-year period preceding the filing of the adoption petition.

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Bluebook (online)
308 P.3d 244, 257 Or. App. 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/t-s-r-v-j-b-c-orctapp-2013.