In Re Adoption of Pate

OPINION

PRESLAR, Justice.

This is an appeal from a decree ordering the adoption of Olga Marie Pate, a minor, by H. L. Winter and wife, Marta Winter.

Olga Marie Pate was born of the marriage of James W. Pate, appellant herein, and Olga Aguilar Pate. They were divorced in 1960, and custody of the child was awarded to the mother. She died in 1966, and the appellees herein, H. L. Winter and wife, Marta Winter, filed their petition for adoption in July, 1968, alleging that the child had resided with them since 1960 and that the consent of the appellant father, James W. Pate, was not required for the…