# Depew v. Depew

> Court of Civil Appeals of Oklahoma · October 26, 2001 · 73 O.B.A.J. 936

URL: https://www.frixlaw.com/law-library/cases/5150250

## Case

- **Full name:** In The Matter of The ADOPTION OF M.C.D. James Robert Depew v. Dawn Marie Depew
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** October 26, 2001
- **Citations:** 73 O.B.A.J. 936; 42 P.3d 873; 2002 OK CIV APP 27; 2001 Okla. Civ. App. LEXIS 155
- **Precedential status:** Published
- **Opinion:** Dissent by Hansen
- **Judges:** Buettner, Garrett, Hansen
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5150250

## Opinion text

CAROL M. HANSEN, C.J.,
dissenting:
T1 The majority's opinion takes a four-year-old child away from the only mother she has ever known. The law does not require this result.
T2 The majority acknowledges the language of 10 0.8.8upp.1998 § 7508-1.1 is subject to conflicting interpretations, yet characterizes its chosen interpretation as "strict construction." Under a strict construction standard, however, in order to support the majority's interpretation, the statute would have to provide one and only one unmarried person may adopt a child. It does not so state; instead, Subsection 3 grants eligibility to both Wife and Husband. Therefore, the statute does not prevent the trial court from *886 allowing both Wife and Husband to adopt M.C.D. x
x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x
x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x
x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x
x x x x x x x x x x x x

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5150250. Public record. Not legal advice.
