Mahan v. Moore
Decision Date | 17 December 1946 |
Docket Number | Case Number: 32462 |
Citation | 1946 OK 352,175 P.2d 345,198 Okla. 67 |
Parties | MAHAN et al. v. MOORE et al. |
Court | Oklahoma Supreme Court |
¶0 ADOPTION - Consent of parent not required where he has been divorced on ground of cruelty.
The consent of a parent, who has been adjudged guilty of cruelty in a divorce proceeding and a divorce having been granted by reason of such cruelty, is not required in an adoption proceeding by reason of the provisions of 10 O.S. 1941 _ 41[10-41] et seq.
Appeal from District Court, Woodward County; O.C. Wybrant, Judge.
Motion by Edna Mahan and Lloyd W. Donaldson to modify divorce decree relating to custody of child, opposed by Pernia Moore and Austin Moore. Motion dismissed, and movants appeal. Affirmed.
Sparks, Boatman & Farrier, of Woodward, for plaintiffs in error.
A.W. Billings, of Woodward, for defendants in error.
¶1 This appeal from the district court of Woodward county by Edna Mahan, formerly Donaldson, and Lloyd W. Donaldson, who were married at one time and are the parents of the minor child whose custody is involved and who were later divorced, presents their complaint regarding the refusal of that court to modify its former order bestowing the custody of the child upon Pernia and Austin Moore.
¶2 Edna Donaldson was granted a divorce from Lloyd on the grounds of "extreme cruelty and of gross neglect of duty", and this provision was made for the custody of their 15-months old child:
¶3 Thereafter, Moores instituted adoption proceedings in the county court of Woodward county, the child's mother giving her consent, and December 2, 1939, the adoption of the child by the Moores was ordered. At that time it was deemed by the parties that the provisions of 10 O.S. 1941 _ 44[10-44] dispensed with the consent of the father of the child to the proposed adoption, and his consent was not sought nor was it given. September 24, 1945, the plaintiffs in error filed their motion to modify the provisions of the divorce decree relating to the custody of the child, alleging that they had come to an agreement on this as contemplated in the decree above, and attaching a stipulation wherein they had agreed the mother should have the exclusive, permanent custody of the child. The lower court denied this application by sustaining the motion to dismiss filed by Moores. That court found that no other legal attack upon the adoption proceedings had been made, that those proceedings were valid and this proceeding amounted to a collateral attack on the adoption proceedings.
¶4 While several divisions are made in the argument presented by the briefs, the parties all assert that the controlling factor is validity of the adoption proceedings in the absence of the consent of its father. The section of our statutes above cited as controlling reads:
"A legitimate child cannot be adopted without the consent of its parents, if living, nor an illegitimate child without the consent of its mother, if living, except that consent is not necessary from a father or mother deprived of civil rights or adjudged guilty of adultery, or of cruelty, and for either cause divorced or adjudged to be an habitual drunkard, or who has been judiciously deprived of the...
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Benson v. Benson
...Blake, 184 N.C. 278, 114 S.E. 294;State ex rel. Jiminez v. Sup. Ct. for Spokane County, 24 Wash.2d 194, 163 P.2d 610;Mahan et al. v. Moore et al., 198 Okl. 97, 175 P.2d 345;Arkoosh v. Arkoosh, 66 Idaho 607, 164 P.2d 590. This court has adopted and followed the foregoing general rule. State ......
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Ex parte Moulin, 34095
...be decreed from all obligations of maintenance and obedience as respects such parents." And, to like effect, we said in Mahan v. Moore, 198 Okl. 67, 175 P.2d 345, 348: 'By 10 O.S.1941 § 54, the natural rights of parents are ended by It follows from what has been said that since the adoption......
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Fisher v. Wilson
...first having consent of the natural father. In answer to this proposition the defendants in error cite in their brief Mahan v. Moore, 198 Okl. 67, 175 P.2d 345. We have made a study of this case and are of the opinion that it is not applicable here. In this case relied upon by defendants in......
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State ex rel. Cox v. Lohah, 42506
...and did not appeal from its order.' We are of the opinion that the cited case is not helpful to defendant. The case of Mahan v. Moore, 198 Okl. 67, 175 P.2d 345, cited by defendant involves an adoption case which originated in the county court. However the proceeding for adoption had been i......