The opinion
Dale Price, Justice, concurring in part, dissenting in part. I concur with the majority that rehearing should be denied. I dissent for two reasons. First, this court in its original opinion decided the custody issue by holding that the consent to adoption was withdrawn, the decree of adoption void, and the natural mother’s claim on the child remained intact. As far as I’m concerned, that settled the custody issue.
Second, the probate court to which this case is being remanded lacks jurisdiction to hear custody cases. This was an adoption case, heard by the probate judge and appealed. We reversed and remanded to the probate court. The majority, in its supplemental opinion, suggests that under Ark. Code Ann. § 9-9-214 (d) (1987) the probate judge should determine the person who is to have custody of the minor. This holding overlooks the fact that probate courts are without power or authority to determine custody matters. Edwards v. Martin, 231 Ark. 528 , 331 S.W.2d 97 (1960).
I respectfully dissent.
Dudley, J., joins.