[2] Likewise in such proceedings the correctness of the trial court's determination should not be disturbed unless it is palpably against the manifest weight of the evidence. (Houston v. Brackett, 38 Ill. App.2d 463, 187 N.E.2d 545; Campbell v. Fisher, 28 Ill. App.2d 454, 171 N.E.2d 810.) The courts of this State have recognized that the General Assembly evidenced a legislative intent to distinguish between abandonment and desertion under the Adoption Act. (Stalder v. Stone, 412 Ill. 488, 107 N.E.2d 696; In re Petition of Ekendahl v. Topol, 321 Ill. App. 457, 53 N.E.2d 302.)
" In Campbell v. Fisher, 28 Ill. App.2d 454, 458, 171 N.E.2d 810, appellant contended that there was no evidence of his unfitness, and particularly that there was no evidence of his wilful intention to abandon or desert his children. After considering the Supreme Court's decision in the Giacopelli case holding that a finding of parental unfitness is not necessary, we concluded that proof of intention to be unfit, i.e. to abandon or desert, is likewise no longer necessary, and that the matter of intent is also subordinated to the sole question of what the best interest of the child demands.
( In re Moriarity (1973), 14 Ill. App.3d 553, 302 N.E.2d 491.) In such cases, that court is in the best position to judge the demeanor and credibility of the witnesses ( In re Garmon (1972), 4 Ill. App.3d 391, 280 N.E.2d 19), and this is a vital factor in evaluating the correctness of the court's determination, which should not be disturbed unless it is against the manifest weight of the evidence ( In re Gonzales (1974), 25 Ill. App.3d 136, 323 N.E.2d 42; Campbell v. Fisher (1961), 28 Ill. App.2d 454, 171 N.E.2d 810). In addition, cases of the type before us which concern the welfare of the child, are sui generis and must be decided in accordance with the particular facts of each situation.
However, only two of these held that the rights of the natural parents should be extinguished — the others all held in favor of the natural parent. One of the two, Campbell v. Fisher (2nd Dist. 1961), 28 Ill. App.2d 454, is clearly inapplicable, because while this was a decision of this court it was, as stated by the court, based on what the court considered to be the best interests of the child, without regard to any finding of unfitness, whereas under the present wording of the Adoption Act (Ill. Rev. Stat. 1971, ch. 4, par. 9.1-8) the finding that a natural parent is an "unfit person" is mandatory for an adoption without the parents' consent. The other case, a First District case, In re Perez (1973), 14 Ill. App.3d 1019, is clearly distinguishable in its facts.
Petitioners contend that proof of an intent of a parent to desert or abandon his child is not necessary. In support of this contention petitioners cite Giacopelli v. The Crittenton Home, 16 Ill.2d 556 ( Giacopelli), and Campbell v. Fisher, 28 Ill. App.2d 454 ( Campbell). Giacopelli contains language to the effect that it is not necessary to find a natural parent unfit to terminate his rights in respect to the custody of his child and that the controlling question in such cases is: what is for the best interests of the child? The court in Campbell, citing Giacopelli, held that since proof of parental unfitness is no longer necessary then proof of intent to abandon or desert is unnecessary.
• 2 In the difficult area of judicial inquiry as to what is the best interest of a child, it is agreed that the correctness of the trial court's determination should not be disturbed unless it is palpably against the manifest weight of the evidence. Carlson v. Oberling, 73 Ill. App.2d 412; Campbell v. Fisher, 28 Ill. App.2d 454. • 3 The decision of the Circuit Court of St. Clair County denying this petition for adoption cannot be said to be against the manifest weight of the evidence.
Not then having had the responsibility of his care, it could hardly be said that she deserted Eugene. ( Carlson v. Oberling (4th Dist. 1966), 73 Ill. App.2d 412, 416, 218 N.E.2d 820; In re Walpole's Adoption (3rd Dist. 1955), 5 Ill. App.2d 362, 125 N.E.2d 645.) Appellant's periodic inquiries to and appointments with Eugene's case workers and her plans to visit Eugene negated any alleged intention on her part to desert her son. Evidence of desertion must be proved by very clear and convincing evidence. ( Campbell v. Fisher (2nd Dist. 1961), 28 Ill. App.2d 454, 458, 171 N.E.2d 810.) Desertion must necessarily have a far broader meaning than physical separation. Robinson v. Neubauer (4th Dist. 1967), 79 Ill. App.2d 362, 365, 223 N.E.2d 705.
The appellees contend that the controlling question in this case relates to the best interest of the child and urge that the granting of the petition to adopt in this case is not dependent upon a finding of unfitness. The following cases are cited in support of that proposition: Giacopelli v. Florence Crittenton Home, 16 Ill.2d 556, 158 N.E.2d 613 (1959); Campbell v. Fisher, 28 Ill. App.2d 454, 171 N.E.2d 810 (2nd Dist 1961); Houston v. Brackett, 38 Ill. App.2d 463, 187 N.E.2d 545 (2nd Dist 1963); Huber v. Huber, 26 Ill. App.2d 207, 167 N.E.2d 431 (2nd Dist 1960); People v. Weeks, 228 Ill. App. 262; People v. Porter, 23 Ill. App. 196; Kokotekian v. Kokotekian, 23 Ill. App.2d 171, 161 N.E.2d 712 (1st Dist 1959). An examination of these cases does not show a case involving adoption without the consent of the natural parent or a finding of unfitness of the natural parent, although it is true that there is an abundance of language to the effect that the welfare of the child is to be decisive. In Giacopelli there is to be found language that there was an abandonment of the child.
In the difficult area of judicial inquiry as to what is the best interest of a child, it is agreed that the correctness of the trial court's determination should not be disturbed unless it is palpably against the manifest weight of the evidence. Houston v. Brackett, supra; Campbell v. Fisher, 28 Ill. App.2d 454, 171 N.E.2d 810 (1961). The decision of the circuit court of Adams County denying this petition for adoption cannot be said to be against the manifest weight of the evidence.