Gilbertson v. Gilbertson

MciNERNEY, Justice:

On this appeal, we must determine whether the adoption process can be used by a father, who is divorced and not remarried, to terminate the parental rights of the mother and to obtain exclusive custody of their minor, legitimate child.

Appellant, Stanley Ray Gilbertson, and appellee, Mary Kathrine Gilbertson, were married in 1965 and divorced in 1970. The divorce decree awarded custody of the parties minor child, Tammy, to appellee-mother and provided reasonable visitation rights for appellant-father. Less than a month later, appellee determined that her search for…