Drake v. Drake

This appeal is from the denial of a petition to adopt Carmen Marie Drake, a minor child. The petition was filed on July 2, 1968, by Grover and Tessie Drake, the paternal grandparents of the child. The child’s father, Eonald Drake, consented to the adoption, but the mother, Susan Drake, withheld her consent and contested the petition.

The question on appeal is whether the criteria of OES 109.324 have been met, thereby obviating the necessity of obtaining approval of the nonconsenting parent to the adoption. The relevant part of OES 109.324 provides that the consent of the parent is not required…