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MEAD v. ROBERTS

No. A83-11-4; CA A31951.

702 P.2d 1134 (1985)

74 Or.App. 238

In the matter of the Adoption of Jennifer Kay Roberts and Joshua Lee Roberts, Minor Children. Debra K. MEAD and Gordon W. Mead, Husband and Wife, Appellants, v. Roy Lee ROBERTS, Respondent.

Court of Appeals of Oregon.

Decided July 3, 1985.

Attorney(s) appearing for the Case

Paul J. Kelly, Jr., and Glasgow & Kelly, P.C., Portland, filed the brief for appellants.

Gary N. Peterson and Peterson & Peterson, P.C., Portland, filed the brief for respondent.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

Mother and her present husband appeal from an order of the trial court denying their petition for the adoption by husband of mother's two children from her prior marriage. The issue is whether the biological father's consent to the adoption is unnecessary because he either wilfully deserted or neglected the children for the one-year period preceding the filing of the petition for adoption. ORS 109.324. We reverse and remand.

Mother and father...

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