Gastineau v. Harris

EDMONDS, J

Father appeals a decree that allowed mother’s present husband to adopt father’s two children without his consent. The court found that, because father wilfully neglected his children, his consent was not required under ORS 109.324. He argues that the trial court erred because he did not wilfully neglect his children. We review de novo to decide whether there is clear and convincing evidence that father’s consent was not required. See ORS 19.125(3); Zockert v. Fanning, 310 Or 514, 528, 800 P2d 773 (1990). We reverse.

In 1989, mother’s and father’s marriage was dissolved in Ohio and…