## Facts

- Reanna Rodgers (mother) and Chris Rodgers (father) divorced in 2011; they shared joint custody of four minor children.
- In September 2013, after Reanna tested positive for amphetamine and methamphetamine, the circuit court awarded Chris sole custody and suspended Reanna’s visitation, stating she was to have no visitation and warning Chris he could be held in contempt for allowing it.
- Chris later married Destiny Rodgers, who petitioned to adopt the children.
- For more than one year before the adoption petition, Reanna had no contact with the children and made no child-support payments despite an existing support obligation.
- Reanna argued the no-visitation order and fear of contempt made her lack of communication and support justifiable.
- The circuit court found by clear and convincing evidence that Reanna, for at least one year and without justifiable cause, failed significantly to communicate with the children and failed to provide care and support as required by law or court order, and granted the adoption.

## Issues

1. Whether Reanna’s consent to the adoption was excused under Ark. Code Ann. § 9-9-207(a)(2) because she failed significantly, without justifiable cause, to communicate with the children for at least one year.
2. Whether Reanna’s consent was also excused because she failed significantly, without justifiable cause, to provide support as required by law or court order for at least one year.
3. Whether the circuit court’s findings on “without justifiable cause” were clearly erroneous given the visitation-suspension order and Reanna’s explanations.

## Decision

- The Arkansas Supreme Court affirmed the adoption decree and held Reanna’s consent was not required under Ark. Code Ann. § 9-9-207(a)(2).
- The Court upheld findings that Reanna significantly failed, without justifiable cause, to communicate with the children for at least one year.
- The Court also upheld findings that Reanna significantly failed, without justifiable cause, to provide court-ordered support during the statutory period.
- Applying clear-error review and deference to credibility determinations, the Court concluded the circuit court’s findings were supported by clear and convincing evidence.
- The Court vacated the court of appeals opinion upon granting review.

## Legal Principles

- Under Ark. Code Ann. § 9-9-207(a)(2), a parent’s consent to adoption is unnecessary if, for at least one year, the parent failed significantly without justifiable cause either (a) to communicate with the child or (b) to provide care and support as required by law or judicial decree.
- The adoption petitioner must prove the statutory ground by clear and convincing evidence.
- Whether a failure was “without justifiable cause” is primarily a fact question, heavily dependent on witness credibility; appellate courts give substantial deference to the circuit court’s credibility findings and will reverse only if clearly erroneous.
- A suspension of visitation does not automatically establish justifiable cause for total noncommunication; courts may consider whether the parent used lawful avenues to maintain contact (e.g., indirect communication or seeking modification/clarification).
- Either an unjustified significant failure to communicate or an unjustified significant failure to support is sufficient to dispense with consent.

## Conclusion

The court affirmed a stepparent adoption after concluding that the mother’s complete noncommunication and nonpayment of support for more than one year were significant and unjustified under Ark. Code Ann. § 9-9-207(a)(2), and that the circuit court’s credibility-based findings were not clearly erroneous.


Rodgers v. Rodgers, 519 S.W.3d 324 (Ark. 2017)