Rarey v. Schmidt

1. The words “other person having the custody of such child”, as used in Section 1648, General Code, contemplate and mean a person having the custody created by operation of law or awarded to such person by judicial order, judgment or decree.

2. . Where a minor child has neither legal guardian nor a custodian created by operation of law or by judicial order, judgment or decree, other than a parent, and the residence of such parent is known, service, actual or constructive, must be had upon such parent before a juvenile court has jurisdiction to declare such child a dependent child.

3.An order of a juvenile court declaring a minor child to be a dependent child and awarding its custody to a stranger, obtained without service upon the parent, the guardian or a person having the custody of such child by operation of law or awarded by a judicial order, judgment or decree, confers upon such stranger no power to consent to the adoption of such child by any one.

Judgment affirmed.