Beers v. Merrill

Citations

• 78 Wash. 576
• 139 P. 629
• 1914 Wash. LEXIS 1065

Syllabus

<p>Adoption — Proceedings—Notice to Parent — Custody of Child. A divorced father is not entitled to notice of proceedings for the adoption of a child whose custody was awarded to the mother, in view of Rem. & Bal. Cod'e, § 1696, authorizing the adoption of infant children upon consent or notice to both parents, provided that, if they are living separate and apart, consent may be given by the parent having the care, custody and control of such child.</p> <p>Same — Notice to Parent — Statutes—Constitutionality. Rem. & Bal. Code, § 1696, providing for the adoption of a child on the consent of the parent awarded its care and custody in divorce proceedings, is not unconstitutional in that no notice need' be given to the defaulting parent; since he had his day in court in the divorce ease, and his right to the custody of his child is not absolute, but yields to the welfare of the child.</p> <p>Same — Okdek op Adoption — Fraud — Evidence — Sufficiency. Fraud in the adoption of a child, through the consent of the divorced mother, to whom its care and custody had' been awarded, is not shown by the fact that the mother was married and left the state the next day, and that the father was about to file application for modification of the decree as to the custody of the child, where knowledge of any such intent on his part was denied.</p> <p>Same — Order of Adoption — Vacation—Fraud—Issues and Proof. In an application to set aside adoption proceedings for fraud1 and want of notice to the father, the court may properly refuse to hear evidence relating to the want of fitness of the adopting parent, since the same could be heard in another proceeding to determine what was best for the child.</p>