In Re the Adoption of Tryon

Robert Tryon appeals from a decree of adoption entered simultaneously with an order dispensing with the requirement of his consent as natural father to the adoption of his children. The sole issue is whether appellant "deserted or abandoned" his children under former RCW 26.32.040(4), the statutory authority which eliminates the need for obtaining his consent. We hold he did not desert or abandon his children. Accordingly, we vacate the decree and reverse the order.

In 1963 Robert Tryon married Ellen Marie (Tryon) Farley. The couple had four children currently ranging in age from 6 to 16. In…