Nelson v. Shelly

George Howard, Jr., Judge.

The issued presented is whether the trial court erred in denying appellants’ motion to intervene in a consolidated proceeding involving the Arkansas Department of Social Services seeking guardianship with power to consent to the adoption of Anthony Lee Duncan, the illegitimate child of Earnestine Duncan, and a petition filed by Marvin and Helen Shelly to adopt the minor.

The relevant facts are: Anthony was born on October 26, 1977. William and Emma Nelson, appellants, have had the physical custody of Anthony since he was twenty (20) days old.

On July 5, 1978, the…