armstrong
manzo
argued
march
decided
april
petitioner
wife
divorced
texas
custody
child
granted
respondent
mother
petitioner
ordered
pay
monthly
sum
child
support
mother
thereafter
married
respondent
manzo
two
years
later
sought
become
child
adoptive
father
state
law
requires
natural
father
written
consent
adoption
exception
existing
substantially
contributed
child
support
two
years
commensurate
financial
ability
case
written
consent
juvenile
judge
county
child
residence
may
accepted
mother
filed
affidavit
county
juvenile
alleging
petitioner
failure
two
years
contribute
child
support
judge
consented
adoption
respondents
day
filed
adoption
petition
alleging
natural
father
consent
necessary
contributed
child
support
commensurate
ability
period
two
years
juvenile
judge
given
written
consent
notice
affidavit
adoption
petition
given
petitioner
though
whereabouts
well
known
respondents
adoption
decree
later
entered
making
manzo
child
adoptive
father
upon
advised
petitioner
filed
motion
seeking
annul
decree
hearing
held
petitioner
introduced
evidence
failed
contribute
child
support
denied
petitioner
motion
appellate
affirmed
notwithstanding
petitioner
contention
deprivation
due
process
law
entry
decree
without
notice
state
refused
review
held
failure
give
petitioner
notice
pending
adoption
proceedings
deprived
rights
without
due
process
law
hearing
subsequently
granted
petitioner
remove
constitutional
infirmity
since
petitioner
forced
assume
burdens
proof
accorded
notice
adoption
proceedings
rested
upon
moving
parties
pp
ewell
lee
smith
argued
cause
petitioner
brief
eugene
smith
ed
brown
william
duncan
argued
cause
respondents
brief
eugene
edwards
justice
stewart
delivered
opinion
petitioner
wright
armstrong
wife
divorced
texas
custody
child
molly
page
armstrong
awarded
armstrong
petitioner
granted
privilege
visiting
said
child
reasonable
times
places
intervals
divorce
decree
ordered
petitioner
pay
month
daughter
support
armstrong
married
respondent
salvatore
manzo
two
years
later
manzos
filed
petition
adoption
district
el
paso
county
texas
seeking
make
salvatore
manzo
legal
father
molly
page
armstrong
texas
law
provides
adoption
one
shall
permitted
without
written
consent
child
natural
father
except
certain
specified
circumstances
one
exceptional
circumstance
father
shall
contributed
substantially
support
child
period
two
years
commensurate
financial
ability
event
written
consent
judge
juvenile
county
child
residence
may
accepted
adoption
lieu
father
consent
preliminary
filing
adoption
petition
manzo
filed
affidavit
juvenile
alleging
conclusory
terms
petitioner
failed
contribute
support
molly
page
armstrong
period
excess
two
years
preceding
date
notice
given
petitioner
filing
affidavit
although
manzos
well
knew
precise
whereabouts
fort
worth
texas
basis
affidavit
without
far
record
shows
hearing
kind
juvenile
judge
promptly
issued
consent
adoption
adoption
petition
filed
later
day
manzos
alleged
consent
natural
father
armstrong
adoption
herein
sought
necessary
upon
grounds
said
father
contributed
support
said
minor
child
commensurate
ability
period
excess
two
years
judge
juvenile
el
paso
county
texas
consented
writing
said
adoption
notice
kind
given
petitioner
filing
pendency
adoption
petition
investigator
appointed
made
detailed
written
report
recommending
adoption
weeks
later
adoption
decree
entered
decree
provided
accord
texas
law
legal
relationship
rights
duties
child
natural
father
shall
cease
determine
child
hereafter
deemed
held
every
purpose
child
parent
adoption
fully
though
naturally
born
lawful
wedlock
provided
said
molly
page
armstrong
shall
known
christian
surname
molly
page
manzo
day
forward
entire
period
petitioner
given
slightest
inkling
pendency
adoption
proceedings
day
decree
entered
however
salvatore
manzo
wrote
petitioner
father
advising
date
completed
action
adopt
molly
page
daughter
change
name
molly
page
manzo
petitioner
father
immediately
relayed
news
petitioner
promptly
filed
motion
district
el
paso
county
asking
adoption
decree
set
aside
annulled
new
trial
granted
upon
ground
given
notice
adoption
proceedings
vacate
adoption
decree
set
date
hearing
motion
hearing
petitioner
introduced
evidence
witnesses
depositions
effort
show
failed
contribute
daughter
support
commensurate
financial
ability
conclusion
hearing
entered
order
denying
petitioner
motion
providing
adoption
decree
entered
herein
things
confirmed
petitioner
appealed
appropriate
texas
civil
appeals
upon
ground
among
others
trial
erred
setting
aside
adoption
decree
entry
decree
without
notice
petitioner
deprived
child
without
due
process
law
appellate
affirmed
trial
judgment
texas
refused
application
writ
error
granted
certiorari
questions
us
whether
failure
notify
petitioner
pendency
adoption
proceedings
deprived
due
process
law
render
adoption
decree
constitutionally
invalid
whether
subsequent
hearing
petitioner
motion
set
aside
decree
served
cure
constitutional
invalidity
disposing
first
issue
occasion
linger
long
clear
failure
give
petitioner
notice
pending
adoption
proceedings
violated
rudimentary
demands
due
process
law
many
controversies
raged
cryptic
abstract
words
due
process
clause
doubt
minimum
require
deprivation
life
liberty
property
adjudication
preceded
notice
opportunity
hearing
appropriate
nature
case
mullane
central
hanover
tr
elementary
fundamental
requirement
due
process
proceeding
accorded
finality
notice
reasonably
calculated
circumstances
apprise
interested
parties
pendency
action
afford
opportunity
present
objections
milliken
meyer
grannis
ordean
priest
las
vegas
roller
holly
questions
frequently
arise
adequacy
particular
form
notice
particular
case
see
schroeder
city
new
york
new
york
new
york
walker
hutchinson
city
mullane
central
hanover
tr
supra
basic
requirement
notice
doubt
result
judicial
proceeding
permanently
deprive
legitimate
parent
parenthood
implies
cf
may
anderson
texas
civil
appeals
implicitly
recognized
constitutional
rule
held
accord
understanding
texas
precedents
whatever
constitutional
infirmity
resulted
failure
give
petitioner
notice
cured
hearing
subsequently
afforded
upon
motion
set
aside
decree
agree
petitioner
given
timely
notice
constitution
requires
manzos
moving
parties
burden
proving
case
whatever
defenses
petitioner
might
interposed
see
jones
willson
ex
parte
payne
incumbent
upon
show
salvatore
manzo
met
requisites
adoptive
parent
texas
law
also
prove
petitioner
consent
adoption
required
neither
side
offered
evidence
initiated
adoption
proceedings
prevailed
instead
petitioner
faced
first
appearance
courtroom
task
overcoming
adverse
decree
entered
one
judge
based
upon
finding
nonsupport
made
another
judge
record
shows
placed
upon
petitioner
burden
affirmatively
showing
contributed
support
daughter
limit
financial
ability
period
involved
burdens
thus
placed
upon
petitioner
real
purely
theoretical
plain
burden
proof
lies
may
decisive
outcome
speiser
randall
yet
burdens
imposed
upon
given
timely
notice
accord
constitution
fundamental
requirement
due
process
opportunity
heard
grannis
ordean
opportunity
must
granted
meaningful
time
meaningful
manner
trial
fully
accorded
right
petitioner
granting
motion
set
aside
decree
consider
case
anew
wiped
slate
clean
restored
petitioner
position
occupied
due
process
law
accorded
first
place
motion
granted
reasons
stated
judgment
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
vernon
ann
civ
art
provides
pertinent
part
follows
except
otherwise
provided
section
adoption
shall
permitted
except
written
consent
living
parents
child
provided
however
living
parent
parents
shall
voluntarily
abandon
desert
child
sought
adopted
period
two
years
shall
left
child
care
custody
control
management
persons
parent
parents
shall
contributed
substantially
support
child
period
two
years
commensurate
financial
ability
either
event
shall
necessary
obtain
written
consent
living
parent
parents
default
cases
adoption
shall
permitted
written
consent
judge
juvenile
county
child
residence
juvenile
written
consent
judge
county
county
child
residence
petitioner
question
constitutional
validity
substantive
provisions
statute
vernon
ann
civ
art
third
paragraph
petitioner
motion
follows
time
entitled
numbered
proceeding
came
heard
judgment
rendered
petitioner
never
advised
given
notice
actual
constructive
required
laws
texas
proceeding
heard
even
pending
judgment
herein
rendition
judgment
attempt
made
notify
petitioner
way
proceeding
although
address
whereabouts
well
known
parties
fact
parties
proceeding
deliberately
wrongfully
withheld
notice
petitioner
expressed
purpose
denying
opportunity
appear
contest
present
defenses
proceeding
petitioner
prevented
appearing
presenting
defenses
fault
negligence
rather
deliberate
wrongful
acts
parties
proceeding
prayer
motion
follows
wherefore
petitioner
prays
judgment
decree
entered
proceeding
things
vacated
set
aside
annulled
new
trial
granted
see
note
supra
see
lee
purvin
dendy
wilson
tex
dewitt
brooks
tex
johnston
chapman