Mahoney v. Linder

This adoption proceeding was brought by the natural mother and stepfather of two minor children born to her and her former husband. The mother had been awarded the custody of the children in the divorce suit. The former husband filed an appearance objecting to the adoption. This proceeding was based -on the alleged wilful failure of the father, without just and sufficient cause, to provide proper care and maintenance for the children for more than one year, and upon “wilful” desertion. OBS 109.324. ①

Tlie trial court concluded that the showing required to establish either wilful desertion or…