E.K.M. v. T.A.B.

228 S.W.3d 611, 2007 Mo. App. LEXIS 1054
CourtMissouri Court of Appeals
DecidedJuly 18, 2007
DocketNo. 28090
StatusPublished
Cited by5 cases

This text of 228 S.W.3d 611 (E.K.M. v. T.A.B.) 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
E.K.M. v. T.A.B., 228 S.W.3d 611, 2007 Mo. App. LEXIS 1054 (Mo. Ct. App. 2007).

Opinion

ROBERT S. BARNEY, Judge.

Appellant T.A.B. (“Mother”), the biological mother of K.R.J.B. (“the child”), appeals the judgment and decree of the Juvenile Court of Stoddard County (“the juvenile court”) which terminated her pa[613]*613rental rights to the child and granted the petition for adoption filed by Respondents E.K.M. (“Grandmother”) and D.T.M., III (“Grandfather”) (collectively “Grandparents”) on the basis that Mother both abandoned and neglected the child.1 See § 453.040(7) and (8). Mother alleges two points of juvenile court error. We find they lack merit and affirm the judgment and decree of the juvenile court.

In adoption cases, as in other court-tried cases, the judgment will be sustained unless it is not supported by substantial evidence, it is against the weight of the evidence, or the trial court erroneously declares or applies the law. In re Adoption of H.M.C, 11 S.W.3d 81, 86 (Mo.App.2000); see Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). This Court defers to the trial court’s determination of credibility and to its resolution of conflicts in the evidence. In re Adoption of T.J.D., 186 S.W.3d 488, 490 (Mo.App.2006). The facts and reasonable inferences therefrom are reviewed in the light most favorable to the trial court’s order. Id. “As with any child custody proceeding, the paramount goal in an adoption proceeding is the best interests of the child.” In re C.D.G., 108 S.W.3d 669, 674 (Mo.App.2002).

Reviewing the evidence in the light most favorable to the juvenile court’s order, In re T.J.D., 186 S.W.3d at 490, the record reveals that the child was born on June 15, 1998, and he was eight years old at the time of trial. Grandmother testified that between June of 1998 and October of 1998 she kept the child “at least two to three nights a week.” Grandmother stated that in October of 1998, when the child was four months old, she was “assaulted” by Mother. Grandmother related Mother and Father had been fighting with each other when Mother “hit [Grandmother] with a bottle, started pulling [her] hair ... and [she] grabbed [Grandmother’s] hand and bent the fingers back.” This incident resulted in Grandmother breaking her finger in three places. Mother was later convicted of assaulting Grandmother and temporary custody of the child was given to Grandparents in late October of 1998. The child stayed with them until December of 1998 when Father and Mother, who had been separated, reconciled.

In July or August of 1999, Mother and Father “got into another argument and [Mother] took the [child] and moved to Oklahoma.” In October of 1999, Father “went to Oklahoma and brought [Mother] and the [child] back.” Upon their return, Grandmother’s family rented Mother and Father a house to live in. On the child’s second birthday in June of 2000, Mother and Father again had an altercation and Father brought the child to Grandmother’s house.' Grandmother reported that shortly thereafter there was an incident between Grandmother’s mother (“Great Grandmother”), who was seventy years old at the time, and Mother, which resulted in the police being called and Great Grandmother being taken to the hospital with “a contusion on the back of her leg and a place around the base of her neck ... where she had been choked.” Father then filed an order of protection against Mother and, on June 19, 2000, Father was given sole custody of the child by court order. Father then placed the child with Grandparents. At some point thereafter Mother was awarded supervised visitation with the child two days a week at the Stoddard County Juvenile Office. Grandmother [614]*614stated Mother only exercised this visitation on “three or four” occasions.

Grandmother testified that Mother had supervised visits with the child on four occasions between July of 2000 and October of 2000. The record also reveals that Mother, again, moved to Oklahoma in August of 2000. Grandmother also related that in December of that year Mother and Father reunited, but the child remained with her. Grandmother stated the child spent one or two nights every other week at Mother and Father’s home.

In July of 2001, another altercation ensued between Mother and Father at their home and the police intervened. The child was at Grandmother’s home at the time of the incident. Father “was put in jail” and Mother went to Grandmother’s home with the police. Grandmother allowed Mother to take the child and Mother had the child for “about a month.... ” Shortly thereafter, Mother, the child, and Mother’s other children moved in with Grandparents because they “didn’t have anywhere else to go.”2 Mother and her children resided with Grandparents until February of 2002. Grandmother helped Mother get “moved into the housing projects in Sikeston ...” at that time. Grandmother testified that while Mother and her children lived with Grandparents, Mother did not pay rent, work, or pay for any bills or necessities.

When Mother moved out she left the child with Grandmother, but took the other children with her. Grandmother stated, however, that the child would occasionally spend the night with Mother at her apartment. On one occasion when the child was staying with Mother, Grandmother drove past the apartment and saw the child, who was three years old at the time, sitting alone on the sidewalk. Grandmother stopped and took the child inside only to discover that Mother was locked in her bedroom asleep. Grandmother roused Mother, who was pregnant at the time, and returned the child to her. Grandmother stated the “place was in a really bad state” and “[tjhere w[ere] beer bottles, liquor bottles, cigarette butts. There was urine from a dog. Feces in the floor. You could hardly walk through the house.” Grandmother related there were liquor bottles laying in Mother’s bed and there was “a big jug of some kind of liquor. And there w[ere] beer cans sitting in the floor with cigarette butts laying around in them.” Grandmother stated she was concerned about the environment for the children. When Grandmother confronted Mother, Mother told her “to get the f* * * out. That was her f* * *ing kid and she would do what she wanted to with him, and not to come back.” Shortly thereafter Mother told Grandmother that she had failed a drug test given to her by her probation officer.

In July of 2002 Mother took the child from Grandmother’s house and “left the state.” Grandmother did not see the child again until November of 2002 when she and Grandfather were granted guardianship of the child as a result of Mother having been arrested for violating her probation. Grandmother testified that at the guardianship hearing Mother told the court she was not able to care for the child at that time. After the guardianship hearing, Grandmother and Mother spoke and agreed to a visitation schedule.

Grandmother also related she took the child to see Mother on several occasions around Christmas of that year. At that time, Mother was residing in a trailer home with her boyfriend, J.B. (“J.B.”), her three children, and J.B.’s two children. [615]*615Grandmother testified the trailer home did not have heat and was being heated by a space heater. She stated Mother and J.B. had no telephone or means of transportation.

In February of 2003, J.B.

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Bluebook (online)
228 S.W.3d 611, 2007 Mo. App. LEXIS 1054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ekm-v-tab-moctapp-2007.