Oregon Adoption Court Cases

Oregon Court Case: In re Gibson
If the notice of appeal had designated as the "appellant," in the singular, one of the parties below who could not appeal without the other, there would be reason to doubt whether the Court of Appeals could later allow an untimely amendment to add the name of the other party required for its appellate jurisdiction. That, however, is not this case. On the other hand, if the notice of appeal had been filed on behalf...


Oregon Court Case: In re Elder
Father and mother were married in 1978. Two children were born of the marriage, B (in 1980) and D (in 1982). In 1982, father filed a petition for dissolution of the marriage. In 1983, a dissolution judgment was entered which awarded father custody of the children. The dissolution court found that father would provide a far more stable emotional environment for the children and that he was...


Oregon Court Case: Costello v. Cottrell
Plaintiff-relator filed this petition, seeking a writ of mandamus to (1) require defendant judge to vacate his discovery order and (2) require defendant judge to sign an order granting plaintiff-relator's motion for summary judgment. On June 29, 1993, this court ordered that an alternative writ of mandamus issue, requiring defendant judge to vacate his discovery order or to show cause why he had not done so...


Oregon Court Case: Adoption of Yasha
When Mother was five months pregnant with Child, she moved from Texas to Washington state. Child was born March 14, 1989, in Washington. When Child was less than one month old, Mother met with the Stubbses, who lived in Oregon, to discuss the possibility of having the Stubbses care for Child. Because the Stubbses were interested only in adopting Child, no agreement resulted...


Oregon Court Case: Estate of Nelson
The petitioner is the illegitimate son of the deceased. He was born July 16, 1924; was apparently abandoned in infancy by his parents and became an inmate of St. Anges Baby Home in Portland. On May 10, 1927, by decree of the Court of Domestic Relations for Multnomah County, he was declared to be the child of Mr. and Mrs. J. J. Hughes. He was reared in the home of his adoptive parents and never knew his natural mother. The question is whether the decree of adoption is void because of asserted procedural defects...


Oregon Court Case: In re Charloe
This matter came before the court on the motion of the maternal aunt and uncle, Mr. and Mrs. England, for a reconsideration of the wardship order and disposition of January 15, 1980. The Court listened to the arguments of respective counsel for each of the parties, including counsel for Mr. and Mrs. England, and makes the following finding of law: Mr. and Mrs. England are not Indian custodians within...


Oregon Court Case: Humphers v. Bank
In 1959, according to the complaint, plaintiff, then known as Ramona Elwess or by her maiden name, Ramona Jean Peek, gave birth to a daughter in St. Charles Medical Center in Bend, Oregon. She was unmarried at the time, and her physician, Dr. Harry E. Mackey, registered her in the hospital as "Mrs. Jean Smith." The next day, Ramona consented to the child's adoption by Leslie and Shirley Swarens...


Oregon Court Case: In re Habas
A hearing shall be held by the court on the question of terminating the rights of the parent or parents. No such hearing shall be held any earlier than 10 days after service or final publication of the summons. The facts on the basis of which the rights of the parents are terminated, unless admitted, must be established by a preponderance of competent evidence and a stenographic or other report authorized by ORS 8.340 shall be taken...


Oregon Court Case: Adoption of Fanning
Testimony at the hearing disclosed that during the period that the Zockerts had custody of the child, father attempted to contact her through his relatives while he was unable to visit personally. There is evidence that these attempted contacts were rebuffed. On the other hand, father admitted that during a four-month period when he was employed and could have visited the child, he did not visit or attempt to provide support...


Oregon Court Case: In re Geist
Mother has three children from her marriage to Bill Geist, who has had a severe drug and alcohol problem and has repeatedly abused mother and the children. When mother left the family home sometime during the week of May 20, 1985, police investigated reports that she no longer wanted the children and that they had not been to school for two weeks...


Oregon Court Case: In re Beasley
The broad question presented in this case is whether a trial court, in a proceeding to terminate parental rights under ORS 419.525, n1 may quash a subpoena n2 that requires the attendance of a minor child to testify as a witness on behalf of the parent whose parental rights to the child are sought to be terminated, and may refuse to allow that child, whose testimonial competence is not challenged...


Oregon Court Case: Torres v. Mason
The questions presented in this mandamus proceeding are whether Oregon's Uniform Child Custody Jurisdiction Act (UCCJA), ORS 109.700 to 109.930, n1 applies to adoption proceedings and, if so, whether that Act confers jurisdiction on an Oregon court under the facts of this case. We conclude that the UCCJA applies to adoption proceedings but that, in this instance, it does not confer jurisdiction on an Oregon court...

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