OMLIE ET UX v. Hunt

316 P.2d 528, 211 Or. 472, 1957 Ore. LEXIS 348
Oregon Supreme Court·Decided October 16, 1957·Published·Cited by 44 cases

Opinions

KESTER, J.

This is an appeal by John Hunt from an adoption decree, under which his three minor daughters were declared to be adopted by their maternal grandparents, Carl Anton Julius Omlie and Brynhild Omlie. Hunt’s wife, Alice Olene Omlie Hunt, the mother of the children and daughter of the petitioner-respondents, died on September 28, 1952. The petition for adoption was filed on October 20, 1952, at which time the girls were aged approximately two, five, and six years respectively. The adoption decree was entered on November 30,1954.

[474]*474The adoption decree was entered without Hunt’s consent, and over his objection. OES 109.320(1) provides:

“The parents of the child, or the survivor of them, shall, except as provided in subsections (1), (2), (3), (6) and (7) of this section and in OES 109.330, consent in writing to the adoption of the child * * * ”

Jurisdiction here is predicated on paragraph (6) of OES 109.320, which provides:

“If either parent * * * has willfully deserted and neglected to provide proper care and maintenance for the child for one year next preceding the time of filing the petition for adoption, the court shall proceed as if such parent were dead * *

It is agreed that during the statutory one-year period John Hunt failed to provide proper care and maintenance for the children. He denies, however, that such neglect was willful, and denies that there was any willful desertion. Both willful neglect and willful desertion are required by the statute,

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OMLIE ET UX v. Hunt, 316 P.2d 528, 211 Or. 472, 1957 Ore. LEXIS 348 (Or. 1957).

316 P.2d 528 (OMLIE ET UX v. Hunt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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