The Arkansas Court of Appeals reversed and remanded a child custody case to Washington County Juvenile Court on Wednesday saying the judge erred in finding the termination of a father's parental rights were in the best interest of the children.
The appeals court justices, in their opinion, said Circuit Judge Stacey Zimmerman based her decision to terminate the parental rights of Jonathan Lively, at least in part, on whether the children were "adoptable."
Zimmerman said she based the decision on information from a Court Appointed Special Advocate report and the testimony of a Department of Human Services caseworker. But, a review of the record revealed no mention of adoptability in the report or the testimony, according to justices.
"We hold that not only was the circuit court's determination of adoptability clear error because it was not supported by any evidence in the record, it was also legally irrelevant," justices wrote. "Given the fact that the children have a permanent home with their mother, a finding of adoptability cannot form the basis for determining that termination is in their best interest."
The justices said the children's relationship with their paternal grandparents, one of the most stable influences in their lives, would be jeopardized by the termination of Lively's parental rights. They also said termination would serve to cut the children off from Lively's financial support.
"Although the court found that Jonathan's drug use, mental instability and criminal convictions posed a risk of harm to the children should they be returned to his custody, it did not address whether termination (rather than a less drastic alternative such as a no-contact order or supervised visitation) was in the children's best interest," justices wrote.
The case was remanded for further proceedings in accordance with the opinion.
Ron Wood can be reached by email at [email protected] or on Twitter @NWARDW.
NW News on 02/26/2015