Rodgers v. Rodgers
Arkansas Supreme Court
519 S.W.3d 324 (2017)
After Reanna (plaintiff) tested positive for drugs, the court gave Chris sole custody of their children, suspended Reanna's visitation, and did not require her to pay child support, allowing her to petition for modification upon a clean drug test. Reanna submitted a clean test but never filed to modify custody, and she had no contact with the children for over a year and a half. Chris's new wife, Destiny (defendant), petitioned to adopt the children, and Reanna objected, arguing the court order excusing her from visitation and support was itself justifiable cause for her silence. The circuit court found her consent unnecessary, and Reanna appealed.
Whether a noncustodial parent's consent to an adoption is required if the parent, for at least one year, failed significantly and without justifiable cause to communicate with or care for and support the child.