State ex rel. Banks

GARRISON, Judge.

This is an appeal from a judgment of the Juvenile Court, dismissing an action to have Theodore Banks declared an abandoned child under R.S. 9:401 et seq. The trier of fact found that the natural mother had legally abandoned the child, but he felt compelled to dismiss under this court’s ruling in In Interest of Jackson, 312 So.2d 912 (La.App. 4th, 1975). Mr. and Mrs. Donald Trotter appealed the judgment, which we now reverse.

Theodore Banks is the adulterous bastard of Donald Trotter and Joyce Banks. When the child was two months old, Miss Banks contacted Donald Trotter, who…