Adams v. Adams

430 N.E.2d 744, 103 Ill. App. 3d 126, 58 Ill. Dec. 712, 1982 Ill. App. LEXIS 1361
CourtAppellate Court of Illinois
DecidedJanuary 8, 1982
Docket81-123
StatusPublished
Cited by13 cases

This text of 430 N.E.2d 744 (Adams v. Adams) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Adams, 430 N.E.2d 744, 103 Ill. App. 3d 126, 58 Ill. Dec. 712, 1982 Ill. App. LEXIS 1361 (Ill. Ct. App. 1982).

Opinion

JUSTICE JONES

delivered the opinion of the court:

Petitioners, Harold and Cynthia Adams, sought to adopt two minor children, Bridgett Lynn Adams and Tiffany Ann Adams. Defendants, Jimmy Lowery, the natural father of Bridgett Lynn Adams, and Gale Quick, the natural father of Tiffany Ann Adams, were served by publication but did not appear or otherwise defend. After a hearing the trial court found “by clear and convincing evidence” that the defendant Katherine Atchley, the natural mother of both children, was unfit for failure to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the children (Ill. Rev. Stat. 1979, ch. 40, par. 1501 (D)(b)). The trial court terminated the parental rights of the natural parents and, finding that adoption was in the best interests of the two minor children, entered a judgment granting the petition for adoption. The trial court having denied the natural mother’s post-trial motion to vacate the order terminating her parental rights and to conduct a rehearing or hear additional evidence, she now appeals raising three issues: (1) “whether the Statute employed by the Court is constitutionally permissible,” (2) “whether the Trial Court’s Order is against the manifest weight of the evidence,” and (3) “whether the Trial Court correctly applied Illinois Law,” which presents a conflict of laws question. In view of the fact that appellant raises the constitutional question and the conflict of laws question for the first time in this court, we deem those two issues waived and decline to consider them. We turn to the question of whether the trial court’s finding of unfitness was contrary to the manifest weight of the evidence.

The principal witnesses to testify at the unfitness hearing were Harold and Cynthia Adams, Katherine Atchley, and her sister, Marsha Kramer. Katherine Atchley is the daughter of Harold Adams. Cynthia Adams is her stepmother, her own mother having died in 1971. On April 12, 1973, at the age of 21, Katherine Atchley gave birth out of wedlock to Bridgett Lynn Adams. In December of 1973, when Bridgett was seven months old, Harold and Cynthia Adams took the child to live with them at the request of Katherine Atchley. On September 16, 1974, Katherine Atchley gave birth out of wedlock to Tiffany Ann Adams. When that child was about a month old, Harold and Cynthia Adams took her to live with them with the consent of Katherine Atchley. When Katherine was 24 she married John Atchley. That marriage, a childless one, ended in divorce three years later. The two children have lived with and have been cared for by the Adamses since their infancy.

Cynthia Adams testified that in December of 1973, while she and her husband were living in Florida, Katherine Atchley, who was living in St. Louis, Missouri, called them to say that she could not raise Bridgett and to ask if they would come and get the baby. The witness stated that “we asked her if it was money problems or we ask [sic] her if she’d come to Florida and live with us or what the problem was and she said just, said I can’t raise her.” Cynthia Adams testified that Katherine refused an offer of money and that, in response to an offer to live with the Adamses in Florida with her child, Katherine said that she “didn’t want to leave her friends.” The witness said that during the five years that she and her husband lived in Florida with Bridgett, Katherine did not see the child. She testified further that with respect to the second child, Tiffany Ann, Katherine’s sister, Marsha, who lived near Katherine, had called the Adamses to tell them that “Kathy had had her baby and that she had given it up.” The Adamses thereupon called Katherine, who told them she had an appointment “to go sign consent papers for the people to adopt Tiffany.” The Adamses asked her to consider letting them “bring Tiffany down to raise her with Bridgett and she said she would think about it and call us back.” Cynthia Adams stated that Katherine again gave as the reason for not wanting to come to live with the Adamses and, by now, her two children, that “[s]he didn’t want to leave her friends.” The witness testified that during the five-year period from 1973 to 1978 when they lived in Florida with, first, Bridgett and, then, Tiffany there was no contact between Katherine and the two children. The witness said that Katherine called the Adamses during this time but did not speak to or ask about the children. She stated that during the seven-year period in which they had, first, one and, then, both of the girls Katherine never offered any money for the support of the children and that the Adamses never refused any such offer from her.

Cynthia Adams said that in 1975 Katherine Atchley came to Florida with a girlfriend and told them the night she arrived that she had come to take the children. The Adamses met her that night at a McDonald’s restaurant near their home to discuss the matter. Katherine did not see the children during this one-day visit. Cynthia Adams testified that Katherine had said she was taking a trip and was on her way to Daytona Beach. The witness testified that in 1975 she took the children to St. Louis, Missouri, to the home of her stepdaughter, Marsha, Katherine Atchley’s sister. Cynthia Adams had asked Marsha to call Katherine, who lived about five miles away, to ask her to come to see the children while they were there. Katherine refused to come and sent no presents to the children. In 1977 Harold Adams asked Katherine to come to Florida. She did so but did not see the children at that time, because, as other testimony indicated, they were elsewhere with Cynthia Adams as the result of marital difficulties between the two. Moving from Florida in 1978, the Adamses lived in Olive Branch, Illinois, for a few months before moving to Cape Girardeau, Missouri. While they lived in Olive Branch, the witness said that Katherine Atchley did not call the children, write to them, ask to see them or inquire about their welfare.

As a result of a habeas corpus proceeding in which Katherine Atchley sought custody of the children, she received on October 24, 1978, visitation rights for the hours between 1 and 5 p.m. on alternate Saturdays and Sundays. Cynthia Adams testified that the visitation rights were in effect for “at least a year,” that the number of visits Katherine Atchley made to the children amounted to “[a]t the most, fifteen,” and that Katherine did not always use the entire period of visitation. During this time Katherine Atchley was living, according to the witness, “no more than ten miles” from the children in consequence of another move by the Adamses. The witness testified that she never discouraged visitation. The witness thought that in addition to visiting the children during this period Katherine Atchley had called Bridgett once.

Harold Adams testified that when Katherine came to Florida in 1975 he did not allow her to see the children on advice of his attorney. He said that he remembered her demanding the children once, during the one-day visit in 1975. He said that when he spoke with her while the Adamses lived in Florida with the children she did not, “to the best of [his] knowledge,” inquire about the children.

Katherine Atchley’s sister, Marsha Kramer, testified in behalf of the petitioners. She testified with respect to the circumstances under which Katherine Atchley had relinquished custody of the children to the Adamses.

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Cite This Page — Counsel Stack

Bluebook (online)
430 N.E.2d 744, 103 Ill. App. 3d 126, 58 Ill. Dec. 712, 1982 Ill. App. LEXIS 1361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-adams-illappct-1982.