Estes v. Garrison

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

After a bench trial, respondent, the natural father of Leon Curtis Garrison, a minor (Leon), appeals from an order finding that he was unfit by reason of abandonment to have the care and custody of Leon and granting the amended petition of petitioners for the adoption of Leon. He contends that (1) there was a failure to prove his unfitness by clear and convincing evidence; and (2) the trial court erred in applying the Dead Man’s Act to exclude evidence of respondent’s fitness.

The record discloses that respondent and petitioner…