Lagios v. Goldman, a 2016 case decided by the Arkansas Supreme Court, addressed the issue of when a father’s consent is required in an adoption case. Unless he falls into one of these categories, a father’s consent is not required:
1. He was married to the mother of the child at the time of conception or at any time thereafter.
2. He is the father of the minor child by adoption.
3. He has physical custody of the child at the time the petition is filed. Note this is physical custody vs. legal custody. This might happen when the mother has legal custody of the child, but the child has been living with the father.
4. He has a written order granting him legal custody of the minor at the ...