Commonwealth Ex Rel. Staunton v. Austin

223 A.2d 892, 209 Pa. Super. 187, 1966 Pa. Super. LEXIS 709
CourtSuperior Court of Pennsylvania
DecidedNovember 17, 1966
DocketAppeal, 625
StatusPublished
Cited by19 cases

This text of 223 A.2d 892 (Commonwealth Ex Rel. Staunton v. Austin) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth Ex Rel. Staunton v. Austin, 223 A.2d 892, 209 Pa. Super. 187, 1966 Pa. Super. LEXIS 709 (Pa. Ct. App. 1966).

Opinions

Opinion by

Hoffman, J.,

This is an appeal from an order of the Court of Common Pleas of Montgomery County awarding custody of four-year old Christina Staunton to her parents Thomas P. Staunton and Jean Campbell, also known as Jean Staunton. Mrs. Campbell will hereinafter be referred to as Mrs. Staunton.

On January 24, 1948, Mrs. Staunton married Joseph Campbell and lived with him until August 1951, at which time they separated. This marriage has not been terminated by a divorce.

Since July of 1953 Mrs. Staunton has lived and cohabited with Mr. Staunton in Philadelphia, Pennsylvania. Five children, including Christina, have been born of this union. The children range in age from eleven to one and one half.

[189]*189Christina was born on July 24, 1962, at the Osteopathic Hospital in Philadelphia. In October 1962, Mrs. Staunton suffered a severe post-partum depression which required that she be hospitalized. As a result, Mrs. Staunton sought the assistance of the Catholic Social Services of Philadelphia for the purpose of placing her children in foster homes. The three older children were placed in St. Mary’s Home in Ambler, and Christina was placed with Mr. and Mrs. Eoy Austin of Upper Merion Township. Thereafter, Mrs. Staunton was hospitalized at Wissahickon Hall, Philadelphia for four weeks.

In June of 1963, Mr. and Mrs; Staunton brought their four children together and resumed life as a family group. In September 1963, however, Mrs. Staunton again became very depressed and asked the Austins to accept Christina on a temporary basis.

Mrs. Staunton also requested that St. Mary’s Home take her three older children a second time, but withdrew this request when she was informed that such a placement must be for a minimum of two years.

In January of 1964, Mrs. Staunton was hospitalized because of a miscarriage. In February of 1964, she was hospitalized at Wissahickon Hall for four weeks due to a mental depression and was then transferred to Mercy-Douglas Hospital where she remained until the middle of May 1964. During this period, the three older children were returned to St. Mary’s Home upon Mrs. Staunton’s consent to a placement of two years.

After her release from Mercy-Douglas Hospital, Mrs. Staunton cared for her mother during a protracted illness until August 24, 1964, when her mother died.

On February 4, 1965, a fifth child was born to Mr. and Mrs. Staunton. On February 16, 1965, Mrs. Staunton was hospitalized for almost one month, until March 13, 1965, with pneumonia.

[190]*190On May 5, 1965, Mrs. Staunton contacted the Austins. She told them that she had just returned from her doctor who said that she was now well, and that she would like Christina to return home with her. The Austins refused her request, and this case has been the subject of litigation since that time.

The applicable rule of law in these cases was set out in Commonwealth ex rel. Carpenter v. Carpenter, 189 Pa. Superior Ct. 297, 299-300,150 A. 2d 724 (1959). “Ordinarily, the needs of a child of tender years are best served by the mother, who is better able to care for them. . . . Unless compelling reasons appear to the contrary, a child of tender years should be committed to the care and custody of its mother. . . . This is true although others who have been suitable custodians of the child have become attached to it. . . .

“However we recognize that ‘It is basic and fundamental that the paramount consideration is the welfare of the children and that all other considerations, including the rights of parents, are subordinate to the children’s physical, intellectual, moral, spiritual and emotional well-being. . . . Such determination could supply the compelling reasons to overcome the principles usually applied.’ ”

This rule is the same for illegitimate children. Albee Appeal, 189 Pa. Superior Ct. 370, 150 A. 2d 563 (1959).

In the instant case it appears that both the Staunton and Austin homes are clean, carefully maintained and fully suitable for raising a young child.

Furthermore, it is undisputed that the Austins have been affectionate custodians for Christina. They have provided her with a full measure of love and solicitude. This alone, however, does not constitute sufficient reason to deprive a mother of her custody. Commonwealth ex rel. Haller v. Hanna, 168 Pa. Superior Ct. 217, 77 A. 2d 750 (1951), aff’d 367 Pa. 592, 81 A. 2d 546 [191]*191(1951). The single question for us to determine is whether compelling reasons have been presented in the record which would render inapplicable the usual rule that a child of tender age should be in the custody of the natural mother.

The Austins contend first that Mrs. Staunton has shirked her obligations toward her child, and, in a sense, has abandoned it.

After a careful review of the record, however, we agree with the lower court that, “In spite of Mrs. Staunton’s preoccupation with illnesses and pregnancy between September of 1963, the date of Christina’s placement with Mr. and Mrs. Austin, and May of 1965, the date of this proceeding, she kept in touch with Mrs. Austin by phone, and made some unsuccessful efforts to visit Christina in the Austin home. She did not, under the foregoing circumstances, abandon Christina. . ,”1

Moreover, this case is wholly unlike Commonwealth ew rel. Ruczynski v. Powers, 206 Pa. Superior Ct. 415, 212 A. 2d 922 (1965), aff’d 421 Pa. 2, 219 A. 2d 460 (1966), in which the natural mother twice relinquished custody of the child without good reason and, at the same time, executed a formal consent to adoption. In the instant case, it is clear that Mrs. Staunton was relinquishing custody of her child only because she was undergoing a very trying emotional and physical crisis; she was not shirking her responsibility as a mother. This fact is further demonstrated by Mrs. Staunton’s attempts to retrieve her children from both the Austins and St. Mary’s Home soon after she recovered.

[192]*192Furthermore, the testimony at the custody hearing fully established that the Austins were aware that Christina was being entrusted to their care on a temporary basis only. Mr. Austin specifically stated that when Christina was turned over to them on the second occasion, they did not feel that Mrs. Staunton was giving the child to them on a permanent basis but understood, rather, that the day would come when they would have to give her back to the Stauntons. Cf. Commonwealth ex rel. Cummings v. Nearhoof, 141 Pa. Superior Ct. 581, 15 A. 2d 529 (1940). We conclude, therefore, that Mrs. Staunton ne^er intended to avoid her responsibilities as a mother, but that she relinquished custody only temporarily because of her unfortunate circumstances.

The Austins next suggest that Mrs. Staunton would be an unfit mother due to her history of mental illness.

Two psychiatrists testified at a hearing held on March 2, 1966. Dr. Peter D. Schindler stated that he had interviewed Mrs. Staunton on September 8, 1965 and concluded: “I do not feel . . . that Mrs. Staunton’s needs are so great, however, that she has little or nothing left to give to others, that is, husband or children. I further feel that Mrs. Staunton could provide adequate emotional care of her children, assuming she remains well. During the interview Mrs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Constant A. v. Paul C.A.
496 A.2d 1 (Supreme Court of Pennsylvania, 1985)
In Re Donna W.
472 A.2d 635 (Supreme Court of Pennsylvania, 1984)
In Re Custody of Temos
450 A.2d 111 (Superior Court of Pennsylvania, 1982)
Rupp v. Rupp
408 A.2d 883 (Superior Court of Pennsylvania, 1979)
Com. Ex Rel. Myers v. Myers
360 A.2d 587 (Supreme Court of Pennsylvania, 1976)
Gunter v. Gunter
361 A.2d 307 (Superior Court of Pennsylvania, 1976)
Commonwealth Ex Rel. Sorace v. Sorace
344 A.2d 553 (Superior Court of Pennsylvania, 1975)
Commonwealth Ex Rel. Spriggs v. Carson
323 A.2d 273 (Superior Court of Pennsylvania, 1974)
Auman v. Eash
323 A.2d 94 (Superior Court of Pennsylvania, 1974)
Commonwealth Ex Rel. Mazza v. Sarvice
323 A.2d 41 (Superior Court of Pennsylvania, 1974)
Commonwealth ex rel. Rainford v. Cirillo
296 A.2d 838 (Supreme Court of Pennsylvania, 1972)
Snellgrose Adoption Case
247 A.2d 596 (Supreme Court of Pennsylvania, 1968)
Commonwealth ex rel. Zeedick v. Zeedick
245 A.2d 663 (Superior Court of Pennsylvania, 1968)
Commonwealth Ex Rel. Staunton v. Austin
223 A.2d 892 (Superior Court of Pennsylvania, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
223 A.2d 892, 209 Pa. Super. 187, 1966 Pa. Super. LEXIS 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-staunton-v-austin-pasuperct-1966.