(In the Matter of the Adoption of A.M.P. and A.A.P.) Brince Plymale v. Jeremy Alan Rogers and Brandie Nichole Rogers

Summary

The Supreme Court of Arkansas held that the father’s consent was required before his two children could be adopted because the petitioners failed to prove that he significantly failed, without justifiable cause, to provide both care and support for at least one year. The father was entitled to rely on the divorce decree’s express provision that neither party owed child support, and the evidence showed that he provided care during visitation. The court therefore reversed and dismissed the adoption proceeding and vacated the Court of Appeals’ opinion.