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PIZANO-VARELA v. GOMEZ

89C-40440; 89C-30025; CA A63168.

798 P.2d 724 (1990)

103 Or.App. 629

In the matter of the Adoption of Arnoldo PIZANO-Gonzales, a Minor Child. Arnoldo Pizano-VARELA and Katarina Pizano-Varela, Husband and Wife, Appellants, v. Guadelupe Gonzales GOMEZ (Carranza), Respondent.

Court of Appeals of Oregon.

Decided October 10, 1990.

Attorney(s) appearing for the Case

Kirk A. Schmidtman, Woodburn, argued the cause for appellants. With him on the brief was Engle and Schmidtman, Woodburn.

Mitzi M. Naucler, Salem, argued the cause for respondent. With her on the brief was Depenbrock, Gangle & Naucler, Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

In this step-parent adoption proceeding, father and his wife appeal a trial court order denying their petition for wife's adoption of father's child. The issue is whether there is clear and convincing evidence that the natural mother either wilfully deserted or neglected to provide proper care and maintenance for her child for the one-year period preceding the filing of the petition for adoption. ORS 109.324. On de novo review, we reverse and...

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