Jolliff v. Crabtree

CARRICO, C.J.,

dissenting.

I would affirm the trial court’s order of adoption. The majority opinion states that Malpass, Ward, and Cunningham control the decision in this case. I disagree. There is present here a factor missing in those cases: the child’s stated and obviously sincere desire to be adopted by his stepfather. This factor and the natural father’s substantial “dereliction and lack of solicitude” combine, in my view, to distinguish this case from Malpass, Ward, and Cunningham and to dictate a different result.