FAYETTEVILLE -- The Arkansas Court of Appeals reversed and dismissed an adoption case Wednesday, saying a Washington County Circuit Court judge erred in ruling the father's consent was not required.
Manuel Cervantez appealed an order by Washington County Circuit Judge John Threet. Cervantez argued the decision was clearly wrong because he did not voluntarily, willfully, arbitrarily and without adequate excuse fail to maintain communication with his child. Cervantez maintained his former wife, Carla Segovia, intentionally thwarted his efforts to see and communicate with the child.
On Aug. 24, 2021, Threet entered a decree of adoption granting Segovia and her new husband's adoption petition. Threet found Segovia's actions didn't prevent Cervantez from performing his duty to communicate with the child and his efforts were "bare minimum at best."
Threet also found Cervantez's consent to the adoption wasn't required because for at least one year he failed significantly without justifiable cause to communicate with the child.
"The circuit court's finding is not an accurate representation of the record before us," Court of Appeals Judge Stephanie Potter Barrett wrote for a unanimous, three-judge panel that also included Judges Robert Gladwin and Rita Gruber.
"Before the petition for adoption was filed, Manuel messaged Carla twenty-nine times and sent a legal letter requesting visitation with minor child. In fact, the only 'effort' Manuel made after the petition for adoption was filed was filing a motion for contempt after Carla ignored his visitation request."
Potter said the case was before the appeals court only because Cervantez tried to enforce his right to visitation and Segovia responded by filing a petition for adoption. Segovia concealed her home address and phone number from Cervantez and was held in contempt for doing so, according to the opinion.
"We hold Manuel's efforts were sufficient under these circumstances, and the circuit court's finding that Manuel's consent to minor child's adoption was not required is clearly erroneous," Barrett wrote.