In Re Gano

This is an appeal by the natural parents, Donald Elmer Gano and Ila Lurene Gano, from a judgment declaring their minor child, Tracy Lurene Gano, to be free from their custody and control.

The respondents, Chester E. Anderson and his wife, are the brother and sister-in-law of the natural mother. They acquired physical custody of the minor child on June 12,1955, in Washington. Seeking to adopt her, respondents commenced abandonment proceedings 13 months thereafter by filing a petition under section 701, subdivision (a) of the Welfare and Institutions Code. It was heard on February 4, 1957. Appellants ’ motion for a nonsuit was denied. The trial court found that “. . . Tracy Lurene Gano, has been left in the custody of another by her parents for more than one year prior to the filing of petition herein without provision for her support or maintenance and with only token communication from her said parents with intent of said parents to abandon said person.” The judgment, entered February 13, 1957, declared Tracy to be free from the custody and control of her parents. From the judgment and the order denying their motion for a nonsuit the natural parents have appealed.

Their main…