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HARPER v. CASKIN

No. 78-301.

580 S.W.2d 176 (1979)

Carthal Deane HARPER and Loraine Harper, Appellants, v. James Dennis CASKIN, Appellee.

Supreme Court of Arkansas, In Banc.

April 23, 1979.

Attorney(s) appearing for the Case

Henry & Graddy, Conway, for appellants.

Josh E. McHughes, Little Rock, for appellee.

BYRD, Justice.

Appellants, Carthal Deane Harper and Loraine Harper, the stepfather and mother of James Dennis Caskin, Jr., a minor, sought to adopt James Dennis Caskin, Jr. without the consent of the minor's father, appellee James Dennis Caskin. In doing so appellants relied upon Ark.Stat.Ann. § 56-207(a)(2) (Supp.1977), which provides:

"Consent to adoption is not required of a parent of a child in the custody of another, if the parent for a period of...

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