D v. Sv

408 S.W.2d 361, 1966 Mo. App. LEXIS 550
CourtMissouri Court of Appeals
DecidedOctober 10, 1966
DocketNo. 8537
StatusPublished
Cited by1 cases

This text of 408 S.W.2d 361 (D v. Sv) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D v. Sv, 408 S.W.2d 361, 1966 Mo. App. LEXIS 550 (Mo. Ct. App. 1966).

Opinions

TITUS, Judge.

This appeal presents one of the most agonizing of all perplexities that can be cast upon mortal tribunals for determination — how best to resolve hostilities involving innocent children of tender years. The paternal grandparents and would-be adoptive parents of two infant girls are the appellants. The natural mother of the two girls is the respondent. The propriety of the judgment of the Circuit Court of Laclede County, Missouri, permitting the natural mother to withdraw her written consent to adoption is the issue. No complaints are voiced’ as to the jurisdiction of either this or the trial court, nor against the pleadings or procedures had in the circuit court.

S, natural mother of the girls, was seventeen years of age (the best we can figure) when she flew to Pearl Harbor, Hawaii, from her home in Pulaski County, Missouri, to marry J on November 6, 1962. J was then twenty and in the U. S. Navy. [363]*363Sometime after the nuptials, S returned to Pulaski County to reside with her in-laws and await the arrival of her' first born. The baby girl arrived April IS, 1963, and sometime thereafter S joined J in California where they awaited his discharge from the service. Their second child, also a girl, and a first birthday present for her older sister, arrived April 15, 1964. Upon J’s release from the Navy, he, S, and the two girls returned to Missouri to set up housekeeping in the near vicinity of the homes of both the paternal and maternal grandparents.

The marriage was difficult from the beginning. The cause of the strife is cloudy, but on trial J’s complaints related to the diet S gave the children and her “not being able to take care of the kids and not keeping things up to snuff.” S was concerned with J’s immaturity. The astute judge who tried this case observed there had not “been a breath of suspicion about” S’s “morality. * * * The evidence justifies the finding that S was not the best housekeeper, nor was she the worst. * * * At times she did not keep her children clean. But the proof is not sufficient to conclude that she abused or neglected them. A few times the children were ill, but the illnesses were not due to neglect by the mother.”

Because “J and I were separating,” S telephoned the paternal grandparents on November 11 or 13, 1964, and asked them to get the children as she was leaving. There was no discussion then or later between S and her in-laws as to the conditions under which the grandparents were given custody of the children and the matter of adoption was never the subject of any conversations between them. When the paternal grandfather obtained the children and took them to his home, S went to the home of her parents. The following day S called her in-laws and told them to return the children to her. The request was refused pending ascertainment by the grandparents as to what J wanted done with the girls. J moved in with his parents and S stayed with her parents for the ensuing few days. The two girls have resided with the paternal grandparents since that time.

Sometime during this separation J conversed with a Richland, Missouri, attorney who also represents the paternal grandparents. J also had one or two conversations with S during this period as to how their differences might be reconciled. S’s version of these talks was that J attributed their problems, in part, to the nearness with, which they lived to their respective parents and suggested they should leave the children with his parents until such time as they could establish a home elsewhere and have a place suitable for the children. J’s implications were that S felt she could be a better wife if not hindered by caring for the girls. J admits that at no time during his discussions with S was the word “adoption” used. “As far as ‘adoption papers’ being used while we were discussing it, we didn’t discuss signing adoption papers at the time. * * * I didn’t know this was going to be adoption papers until the next day.” At one time J stated there was “no period mentioned” in these discussions as to “how long a period of time” his parents were to keep the children, although later on he asserted “leaving the children was a permanent agreement.”

On November 16, 1964, J and S went to the offices of the Richland lawyer. They did not confer with the attorney but waited while his secretary typed documents for them to sign. S, who was then probably nineteen years old, admits she was handed the document, read it and signed it. The paper was entitled “Consent for Adoption,” and, inter alia, recited that she, as the “natural mother of said minors, does hereby consent that [the two girls] minors, may be adopted by the Petitioners [paternal grandparents] as their own children * * * and that she understands that said children will become the legal heirs of the Petitioners.”

The paternal grandmother says she had not discussed with her counsel the pos[364]*364sibility of adoption before the consent was signed by S, and the paternal grandfather did not contact his lawyer about the adoption before he was called to his office to sign the petition. S testified she signed the paper because she was afraid of J. “He told me before if I didn’t sign these papers, if I didn’t give the [paternal grandparents] the kids or let them take care of them he would either leave town or get rid of me and he didn’t intend to leave town.” About the time S was to sign she started crying. She is “positive” the secretary did not then tell her “Now, you don’t have to sign that,” although this is disputed. S did not remember while she was crying saying, “I want to sign it,” although “I may have.” There is no suggestion the lawyer’s secretary did anything improper or urged S to sign the consent. The mother says she thought the paper meant the grandparents “were going to have guardianship of the children” and she did not then know the meaning of the word “adoption.” S asserts the first time she was aware she had consented to a legal adoption was when she consulted her attorney in February 1965.

When reconcilation was effected in November 1964, J and S first went together to the Lake of the Ozarks for a few days and then departed for Florida. She did not try to visit the girls before leaving Missouri because “J wouldn’t let me.” They stayed in Florida until the first part of February 1965, and resided in a room. Both worked and their income was supplemented by contributions from the paternal grandparents. In February 1965, they went to California where they remained about a week. Much was said in the record concerning the fact S did not write her children (then about twenty-one months of age and nine months old, respectively) during this time, nor attempt by either telephone or letter to communicate with her in-laws. However, the evidence reveals J talked by telephone with his parents most every week while he and S were in Florida and at least one time while they were in California. The lack of success in efforts made to heal their differences may be gleaned from the fact that on February 9, 1965, J walked out on S while they were at a laundry establishment in California leaving her with seventy-six cents in her pocket. This surprise and unannounced departure left S with no idea of where her husband had gone, although she suspected he had gone home to his mother and father. She received financial assistance from a sister in Texas and managed to return to Missouri and the home of her parents on February 14, 1965.

S apparently had not seen the girls since she called the paternal grandparents to come and get them in November 1964. She indicates she had not done so because J either didn’t want her to or wouldn’t let her.

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Related

In Re D____
408 S.W.2d 361 (Missouri Court of Appeals, 1966)

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Bluebook (online)
408 S.W.2d 361, 1966 Mo. App. LEXIS 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/d-v-sv-moctapp-1966.