Mead v. Roberts

Mother and her present husband appeal from an order of the trial court denying their petition for the adoption by husband of mother’s two children from her prior marriage. The issue is whether the biological father’s consent to the adoption is unnecessary because he either wilfully deserted or neglected the children for the one-year period preceding the filing of the petition for adoption. ORS 109.324. We reverse and remand.

Mother and father were granted a decree of dissolution of their marriage in 1978. Mother was awarded custody of the parties’ children, who were born in 1975 and 1976,…