Johnson v. Varney

The Court of Appeals held and appellee, the natural mother, contends that, since a father has the primary duty to support his child and the father until his death was able to and did support the child involved in the instant case, there was no duty on the natural mother to support that child prior to the father’s death only sis months before the filing of the petition to adopt; and that, since she was under no duty to support until then, she cannot be found to have willfully failed to properly support and maintain the child for the two years before the filing of that petition.

However, in In…