Straszewicz v. Gallman

HOLMES, Judge.

-This is an appeal'by Andrew Straszewicz, the natural father of Lucy Seale Straszew-icz (Seale), from a judgment rendered by the Probate Court of Sumter County, wherein it was found that the appellant had abandoned his child.

The single issue before this court is whether the evidence sustains the trial court’s finding of abandonment. We hold that it does not and, accordingly, reverse and remand.

Tit. 27, § 3, Code of Alabama 1940, in pertinent part, provides that consent of a child’s parents must be obtained for its adoption, unless the parents have abandoned the child. Seale’s…