In Re Adoption of Toth

This cause came on before the court upon the appeal of Russell Carmichael, defendant-appellant, from the trial court’s order adopting the referee’s report recommending Carmichael’s daughter’s adoption over his objections as to its findings of fact and conclusions of law. We reverse and remand.

Russell Carmichael (“Russell”) and Sheryl Toth (“Sheryl”) were living together on December 15, 1982, when their daughter, Carrie Michele, was born. The parents lived together until June 1983.

Sheryl married Joseph Toth (“Joseph”), plaintiff-appellee, on September 1, 1984. Joseph filed his petition for…