State ex rel. Le Brook v. Wheeler

Citations

• 43 Wash. 183
• 86 P. 394
• 1906 Wash. LEXIS 677

Syllabus

<p>Adoption — Consent of Pabents. Where, in proceedings for the adoption of a minor child, no guardian was appointed, the consent by both parents must appear, as required by Bal. Code, § 6480.</p> <p>Pabent and Child — -Abandonment. A parent does not abandon his infant child by leaving it for five or six months in the care of his mother without communicating with her, while seeking employment.</p> <p>Pabent and Child — Infants—Pboceedings to Commit to Chabitable Society — Complaint. Under Laws 1903, p. 60, in order to authorize a charitable society to have the exclusive possession of a child it must be alleged that both of its parents have abandoned the child or are unfit, etc., to have its custody.</p> <p>Same — Notice to Pabent — Judgment—Jurisdiction. The statute requiring notice of at least five days to be given to the parents of application to award the custody of a child to a charitable society, the proceedings and order are void for want of jurisdiction where the order was made on application of the mother alleging that the father had abandoned the child, notice was then given to the mother, who accepted service, and the hearing was thereupon had and order made immediately without any notice to the father.</p> <p>Same — Surrender—Notice. Laws 1903, p. 59, § 1, authorizing the surrender of a child by the mother in case of legal incapacity or abandonment by the child’s father, could not deprive the father of his right to the child’s custody without an adjudication by a court of competent jurisdiction as to his unfitness or abandonment, and without giving him his day in court.</p> <p>Same — Judgments—Recitals as to Service — Jurisdiction—Collateral Attack. An order awarding the custody of a child to a charitable society, reciting due service of notice, can be collaterally attacked for want of service, where it appears conclusively that no service was made, in that the law required at least five days notice, and the order was made immediately upon making the appl