Walmer v. Gauthier

This is a contested adoption case in which father had not consented to the adoption. He appeals from an order granting respondents’ petition for adoption. ORS 109.324. The issue is whether there is clear and convincing evidence to support the trial court’s finding that father had wilfully deserted or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year preceding the filing of the petition. Our review is de novo.

Father and mother were married in 1970 and divorced in 1979. They have two children, Jonathan, born in 1973, and Joseph, born…