In re the Adoption of Kline

Speakman, Judge,

delivering the opinion of the court:

It is, of course, conceded that the mother has the right to the custody and control of her illegitimate child unless by her own conduct or neglect she has forfeited such right, so the sole question to be determined at this time is whether the mother abandoned her child, within the meaning of the statute, as alleged in the petition. If there has been no such abandonment the prayer in her answer should be granted, otherwise it may be denied.

From the uncontradicted testimony it appeared that the child was born out of wedlock on June 1, 1934, at…