Deskin v. Rogers

Supreme Court of Oklahoma

Deskin v. Rogers

1982 OK 144, 639 P.2d 615, 1982 Okla. LEXIS 187

CourtSupreme Court of Oklahoma

DecidedJanuary 5, 1982

DocketNo. 55000

StatusPublished

This text of 1982 OK 144 (Deskin v. Rogers) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Deskin v. Rogers, 1982 OK 144, 639 P.2d 615, 1982 Okla. LEXIS 187 (Okla. 1982).

Pincite

Opinion

LAVENDER, Justice:

Having determined in cause no. 54117 that the court below had no jurisdiction to adjudge that the natural minor child of Vicki Jackson Deskin and Patrick Jackson was eligible for adoption without the consent of either of the child’s parents because the jurisdiction of the district court had been invoked by the filing of a motion to modify the divorce decree by awarding custody of the child to its natural parents which motion to modify was pending at the time the proceedings were filed to determine that the child was eligible for adoption without parental consent, it necessarily follows that subsequent proceedings whereby the adoption of the child by third parties unrelated by blood to the child without the consent of both of the natural parents were null and void.

Therefore, the judgment of the court below approving said adoption is hereby reversed.

BARNES, V. C. J., and SIMMS, DOO-LIN, HARGRAVE and OPALA, JJ., concur. HODGES, J., dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

LAVENDER, Justice:

Having determined in cause no. 54117 that the court below had no jurisdiction to adjudge that the natural minor child of Vicki Jackson Deskin and Patrick Jackson was eligible for adoption without the consent of either of the child’s parents because the jurisdiction of the district court had been invoked by the filing of a motion to modify the divorce decree by awarding custody of the child to its natural parents which motion to modify was pending at the time the proceedings were filed to determine that the child was eligible for adoption without parental consent, it necessarily follows that subsequent proceedings whereby the adoption of the child by third parties unrelated by blood to the child without the consent of both of the natural parents were null and void.

Therefore, the judgment of the court below approving said adoption is hereby reversed.

BARNES, V. C. J., and SIMMS, DOO-LIN, HARGRAVE and OPALA, JJ., concur. HODGES, J., dissents.

Cite This Page — Counsel Stack

Bluebook (online)

1982 OK 144, 639 P.2d 615, 1982 Okla. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deskin-v-rogers-okla-1982.