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Rodgers v. Rodgers

519 S.W.3d 324 (2017)

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Rodgers v. Rodgers

Arkansas Supreme Court

519 S.W.3d 324 (2017)

Facts

In 2011, Chris Rodgers and Reanna Rodgers (plaintiff) divorced. The court awarded them joint custody of their four children. In September 2013, after Reanna tested positive for amphetamine and methamphetamine, the circuit court awarded Chris sole custody and suspended Reanna’s visitation rights. The court did not require Reanna to pay child support. The court held that Reanna could file a petition for a modification of the order upon the submission of a clean drug test. In October 2013, Reanna filed a clean drug test with the court but did not petition for a modification of the custody decree. In September 2014, Chris’s new wife, Destiny Rodgers (defendant), filed a petition to adopt the children. Reanna objected to the adoption. Reanna had no contact with the children from September 2013 until the adoption hearing in May 2015. The circuit court held that Reanna’s consent was not required for the adoption. Reanna appealed, arguing that there was justifiable cause for her lack of communication with the children given the court’s decree prohibiting Reanna from visiting the children and not requiring her to pay child support.

Rule of Law

Issue

Holding and Reasoning (Wood, J.)

Concurrence (Wynne, J.)

Dissent (Baker, J.)

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