North Dakota Adoption Court Cases

North Dakota Court Case: Mair v. Board of Administration
On June 9, 1930, the petitioners, David E. Mair and Pearl Lou Mair his wife, applied to the county court with increased jurisdiction of Ward county for leave to adopt the child and on June 9, 1930 that court entered a decree permitting the adoption. In July, 1930, while the proceedings were pending in Minnesota, the intervenore applied to the county court of Ward county to set aside its decree already entered, which application was denied...


North Dakota Court Case: Nelson v. Ecklund
In adoption proceedings notice to a parent alleged to have abandoned his child is not necessary to the jurisdiction of a judge to determine that question. Parsons v. Parsons, 101 Wis. 76, 77 N.W. 147; Purinton v. Jamrock, 195 Mass. 187, 80 N.E. 802, 18 L.R.A.(N.S.) 926. A general appearance to contest a judgment on account of irregularities will, if the grounds thereof are not sustained, conclude the parties as to any further questioning of the judgment. Burdette v. Corgan...


North Dakota Court Case: Borner v. Larson
On May 3, 1938, the respondents herein, George Gappert and Selma Gappert Becker, filed an answer to the petition, and on May 31, 1938, filed an amended answer and cross petition wherein they set forth that they are the adopted children of the decedent, "and consequently had and have the prior right of selecting an administrator;" that if Augusta Borner had any preference in the selection of an administrator, she "waived and forfeited same by not filing her petition for appointment...


North Dakota Court Case: Hoellinger v. Molzhon
By the final decree one-half of the estate was awarded to Rose Marie Hoellinger, the appellant. Out of the remaining one-half the $ 2000.00 bequest to Esther Rose Knutson, grand-daughter, was paid. The balance was distributed, one-eighth each to the six brothers and sisters living and to Ronald Molzhon and John James Walsh, as the lineal descendants of John Molzhon and Mrs. James Walsh, the brother and sister of the testatrix who were mentioned in the will but had predeceased the testatrix...


North Dakota Court Case: Bannerman v. Close
In due course the administratrix of the estate of William J. Ballantine presented her final report and accounting and petition for distribution, requesting that the balance of the estate, after payment of the expenses, be distributed to Ila Close, Edythe Bannerman and Irvie E. Ballantine. William L. (Ballantine) Mathews objected to the distribution of the estate among the persons named, claiming a right to a one-fourth share of the estate of his father. The county court of Grand Forks County...


North Dakota Court Case: Klundt v. County
Beverly Klundt, an unwed mother, gave birth to a child at St. Michael's Hospital in Grand Forks, North Dakota, on December 4, 1970. On December 9, 1970, she instituted proceedings in the juvenile court of Grand Forks County for the termination of her parental rights to the child. After a hearing the juvenile court terminated the parental rights of Beverly Klundt and the child was placed in the custody of the Grand Forks County Welfare Board and ordered transferred...


North Dakota Court Case: D.G. v. K.G.
In January 1972, the child's father left the community and did not see his son again until the fall of 1975. In April of 1973, the parents were divorced and the custody of the child was awarded to the mother. The father was ordered to make child-support payments to the mother. He made three monthly support payments and then stopped paying. At this time, he was employed in Minneapolis and turning his finances over to a credit agency which arranged for payment...


North Dakota Court Case: Kottsick v. Carlson
John Carney and Mary Kottsick were formerly husband and wife and are the natural parents of Sean and James. Sean was born in July 1968, and James in April 1971. A divorce decree was entered in Florida in October of 1972 dissolving the marriage and awarding custody of the children to Mary with visiting rights to John, and requiring John to pay $175 a month for child support, which payments have been made. In May 1973 Mary and Virgil Kottsick were...


North Dakota Court Case: Gotvaslee v. Hoffert
The evidence shows that Douglas Ray Hoffert and Glenda Gotvaslee were formerly husband and wife. Two children were born of their marriage, namely, Donavon Ray, born January 9, 1973, and Dayton John, born August 12, 1974. The parties were married on June 23, 1972. They separated in June, 1975, and were divorced on July 22, 1976. The decree of divorce gave custody of the two minor children to Glenda. Douglas was given reasonable visitation rights and was...


North Dakota Court Case: Schneider v. S.L.M.
The circumstances surrounding the birth and care of B.M. have been previously discussed in In Interest of B.M., 335 N.W.2d 321 (N.D. 1983). In that decision the Stark County Social Service agency had petitioned the juvenile court for an involuntary termination of parental rights because S.L.M., the unwed, 14-year-old mother of B.M., had placed B.M. for adoption with Janice Schneider, a nurse she met while in the hospital. This court reversed the juvenile court's order...


North Dakota Court Case: Hansen v. Lackey
This is an appeal from a final decree of adoption pursuant to the Revised Uniform Adoption Act. (Chapter 14-15, NDCC). We affirm the decree. Joel Lackey and Dale Lyons were married in Casper, Wyoming on March 15, 1980. Lorraine Ann (hereinafter - Lori), their daughter, was born on November 7, 1980. In July 1981, Joel quit his $20,000.00 per year job in Casper and returned to his mother's home in St. Paul, leaving his wife and 8-month-old daughter Lori in Casper. A divorce decree dated September 21, 1981, ended the 18-month marriage and ordered Joel to pay $200.00 per month toward the support of Lori...


North Dakota Court Case: Thompson v. King
This is an appeal from that portion of a judgment of the District Court of Grand Forks County terminating the parental rights of Frank L. King, in and to one minor child. The judgment was issued in conjunction with an adoption proceeding initiated by the child's adoptive father, Dwight W. Thompson. The basis for that portion of the judgment which terminated parental rights was that Frank L. King had abandoned his child and that the inability of King to perform parental duties...

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