McCombs v. Shields
McCombs v. Shields
Opinion
This is an adoption case.
Susan Shields is the natural mother of two minor children, Amanda and Matthew. In August 1982 her present husband, Captain Jonathan Shields, petitioned the Probate Court of Marshall County for adoption of his two stepchildren. Pursuant to this petition, a final decree of adoption was entered in favor of the stepfather in November 1982. In March 1985 the natural father, Timothy Wayne McCombs, filed a petition to set aside the adoption in the Probate Court of Marshall County. Rule 60 (b), A.R.Civ.P. After an order affirming the adoption, the natural father appealed to the Circuit Court of Marshall County, alleging that the stepfather was not a resident of Marshall County. The circuit court also upheld the validity of the adoption. The natural father now appeals to this court. We affirm.
The natural father contends that the Probate Court of Marshall County did not have jurisdiction to grant the stepfather's petition for adoption.
Adoption proceedings are purely statutory and the requirements of these statutes must be closely adhered to.Holcomb v. Bomar,
The record shows that at the time the petition for adoption was filed, the stepfather was not actually living in Marshall County. Rather, he was in Mainz, Germany, under orders by the military. An officer in the military is under legal compulsion to obey the orders of his superior officer, and the stepfather was therefore *Page 151
required to be in Germany. The record reflects, however, that at the time the stepfather joined the military, he was a resident of Marshall County. He was born there and graduated from high school there. He votes in Marshall County and has his car registered there. Authorities generally agree that a person inducted into military service retains his domicile or residence in the state from which he entered the military service. Prudential Insurance Company of America v. Lewis,
The natural father also argues that there was no consent form present in the court's file for Amanda and, therefore, the order of the probate court is invalid. The circuit court found that the consent forms of all parties were before the probate court. The record is also clear that the natural father gave voluntary, informed and intelligent consent for the adoption of both children by the stepfather. The Code does not specify a particular form for the consent, and the proper question is whether the consent was given and not whether the form was properly completed. Wolf v. Smith,
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Timothy Wayne McCombs v. Susan Metz Shields.
- Cited By
- 4 cases
- Status
- Published