Supreme Court of Arkansas

Thomas L. Lagios, Appellant v. Kenneth Mitchell Goldman and Deanne Fields Goldman, Appellees — Hart, J., Dissenting

February 18, 20162016 Ark. LEXIS 55

Summary

Justice Hart’s dissent argues that the adoption should not have been affirmed because the known, competent natural father’s consent was bypassed despite his efforts to establish paternity and maintain contact with the child. She contends that the adoption statutes’ due-process safeguards were not strictly followed, that abandonment was not shown, and that the majority applied the wrong standard of review by deferring to evidence favoring the adoptive parents. Justice Baker, concurring, agrees with the affirmance but emphasizes that Lagios did not raise a constitutional challenge and separately concludes that the applicable notice requirement was satisfied.