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SCOTT A. v. GARTH J.

No. 98-0393.

221 Wis.2d 781 (1998)

586 N.W.2d 21

IN the INTEREST OF AND the ADOPTION OF ABIGAIL M.: SCOTT A., Petitioner-Appellant, v. GARTH J. and Michelle J., Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided September 8, 1998.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Thomas A. Merkle, Dean P. Laing and Gregory W. Lyons of O'Neil, Cannon & Hollman, S.C., of Milwaukee.

On behalf of the respondents-respondents, the cause was submitted on the brief of Linda A. Ivanovic of John T. Fields & Associates, of Brookfield.

Guardian ad Litem brief was filed by Sheryl A. St. Ores of Law Offices of Sheryl A. St. Ores of Milwaukee.

Amicus Curiae brief was filed by Stephen W. Hayes and Susan E. Lovern of von Briesen, Purtell & Roper, S. C. of Milwaukee.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

WEDEMEYER, P.J.

Scott A. appeals from an order denying and dismissing his petition for adoption of Abigail M. because of lack of standing under § 48.90(1)(a), STATS., which provides that "[a] petition for adoption may be filed at any time if: (a) One of the petitioners is a relative of the child by blood . . . ." Scott contends that the trial court erred as a matter of law in dismissing his petition on the basis that he is not a relative of the child by blood...

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