In re Jones

In In re Jones (1955) 131 Cal. App. 2d 831, the father was awarded custody of the couple's daughter after they divorced. ( Id. at pp. 832-833.) The mother and father lived in different cities. ( Id. at p. 833.) The mother failed to take an interest in the daughter for a period of two years. There was evidence the mother was mentally ill. ( Id. at p. 834.) The court held that the statute (then Welf. & Inst. Code, 701) applied only if the minor "'has been left' by the parent 'in the care and custody of another' without communication from such parent for the period of one year with the intent on the part of such parent to abandon the minor." ( In re Jones, supra, 131 Cal. App. 2d at p. 834.) The court concluded the mother had not voluntarily left the child in the care and custody of the father because custody had been awarded to the father by court order. Therefore, the child had not been abandoned. ( Id. at p. 836.)