Harper v. Caskin

John A. Fogleman, Justice.

I concur in the affirmance of the judgment denying the petition for adoption, because I, cannot say that the finding that it had not been shown that the natural father’s failure to communicate or to provide care and support for the child was without justifiable cause is clearly against the preponderance of the evidence. I feel that the portion of the opinion relating to the quantum of proof required is not only unnecessary to the decision, it is also an issue raised by the court and decided without the benefit of adversary advocacy.

Ordinarily, when there is a…