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eBook details

• Title: In re Sharp
• Author : Supreme Court of Kansas
• Release Date : January 05, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

The opinion of the court was delivered by This is an appeal in an adoption proceeding which was instituted in the probate court of Sedgwick county on January 8, 1965, by the stepmother of two minor children. The petition was premised on an allegation that the consent of the natural mother was unnecessary because of her failure and refusal ""to assume the duties of a parent for two consecutive years"" under K.S.A. 59-2102 (3). An answer was filed in which the natural mother denied the pertinent allegations of the petition and objected to the adoption. After a full hearing in the probate court a decree of adoption was entered from which the natural mother appealed. At the trial in district court the court heard petitioner's evidence, and at the conclusion thereof the mother ""demurred to the evidence of the petitioner,"" whereupon the court denied the petition. Petitioner's motion for new trial was overruled, and this appeal followed. The issues presented on appeal are: (1) Does the phrase ""two consecutive years"" as used in K.S.A. 59-2102 (3) mean the period next preceding the filing of a petition for adoption? and (2) In denying the stepmother's petition for adoption, without hearing the evidence of the natural mother, did the district court err in determining there could be no failure or refusal to assume the duties of a parent for two consecutive years because of one visit by the natural mother, at which she brought gifts to her children, during such period?

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