In re the Adoption of Serpe

This is an appeal from a final judgment granting a stepfather’s petition for adoption over the objection of the child’s father. We reverse.

The child’s mother and father were divorced in 1974 and the mother was awarded custody. For several years thereafter the parties were involved in an active dispute over the father’s visitation rights with the child. At one point, apparently because of the mother’s refusal to allow visitation, the father was awarded custody of the child for a short period of time. However, in late 1976 the father was imprisoned and at the time of the final adoption hearing…