In Re Jay R.

Appellant William R. (William) appeals from a judgment decreeing adoption of his minor son, Jay R., by Gregory F. (petitioner), the boy’s stepfather, and from an order of abandonment declaring Jay free from his care and custody.

On March 22, 1982, petitioner filed a petition for the adoption of Jay, alleging that he and Barbara F., Jay’s mother, were married November 29, 1980; that she was formerly married to William, Jay’s natural father, that such marriage was dissolved by a final decree of dissolution entered November 20, 1979, which decree granted to the mother custody of Jay. Pe titioner further alleged he desires to adopt Jay and Jay’s mother is prepared to consent to the adoption, that the consent of William is unnecessary in that for a period in excess of one year prior to filing the petition, he wilfully failed to communicate with and to pay for the care, support, and education of Jay, having the ability to do so; and that William has been incarcerated in a federal prison since approximately June 15, 1981.

The Placer County Welfare Department, adoption division, investigated the case and filed a report recommending the petition be granted and consenting to the…