Grafe v. Olds

556 So. 2d 690, 1990 WL 6746
CourtMississippi Supreme Court
DecidedJanuary 17, 1990
Docket07-CA-59572
StatusPublished
Cited by28 cases

This text of 556 So. 2d 690 (Grafe v. Olds) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grafe v. Olds, 556 So. 2d 690, 1990 WL 6746 (Mich. 1990).

Opinion

556 So.2d 690 (1990)

Cherie Lynn GRAFE
v.
William OLDS and Donna Olds.

No. 07-CA-59572.

Supreme Court of Mississippi.

January 17, 1990.

Richard J. Lee, Hernando, for appellant.

Drue D. Birmingham, Jr., Olive Branch, for appellees.

Before DAN M. LEE, P.J., and PRATHER and BLASS, JJ.

DAN M. LEE, Presiding Justice, for the Court:

Cherie Grafe, the natural mother of the child in question, attempted to revoke her consent to the adoption of this child by other family members. She appeals from a Final Decree of Adoption against her and *691 Change of Name entered May 19, 1988 in DeSoto County, Mississippi, Finding no reversible error, we affirm.

A.

This appeal involves the members of one family. The parties are referred to according to their relationship with appellant, Cherie, as follows:

Thomas Taylor ...... grandfather
Christine Taylor ... although technically
                     the step-grandmother,
                     she is referred to
                     herein as the grandmother
Jean Grafe ......... mother
Donna Olds ......... although technically
                     the step-aunt, referred
                     to herein as the aunt
William Olds ....... uncle-by-marriage, referred
                     to herein as uncle

B.

On April 12, 1986, Cherie Grafe, an unwed minor, gave birth. Upon release from the hospital, Cherie and her baby stayed at the home of her grandparents, Thomas and Christine Taylor for approximately two (2) weeks. During this period Christine Taylor, a former nurse, helped care for the child and instructed Cherie in the proper care of her child. Thereafter Cherie and her child returned to the home of Jean Grafe, Cherie's mother.

The next eight (8) months were tumultuous. Cherie, a high school dropout who was attempting to get her GED, had great difficulty obtaining steady employment. She began receiving government assistance. She often lived with friends rather than at her mother's, leaving her child in the care of the Taylor's and Jean Grafe. Cherie's parenting skills were weak. The Welfare Department was alerted to the possibility of neglect and began monitoring the situation. William and Donna Olds extended an offer to adopt the child, which was refused.

The situation climaxed on the afternoon of January 12, 1987 when a family member found the child wet, dirty, crying and alone in the home of Jean Grafe. The following day, January 13, 1987, Thomas and Christine Taylor took the child to their home. That same day the Welfare Department was contacted twice: once by Christine Taylor saying she could no longer care for the child and once by Donna Olds expressing a desire to adopt the child. The Welfare Department contacted Cherie. Cherie said she would like the family to keep the child until she got settled with a job and home, but she did not want her child adopted by her aunt and uncle; she wanted to keep her baby.

A family meeting was called the evening of January 14, 1987 in the home of Thomas and Christine Taylor to decide what to do about the child. Initially everyone in the family was present except Jean Grafe and Cherie. Jean Grafe appeared at the meeting and was told by the family that William and Donna Olds wanted to adopt the child. Jean became extremely upset, told the family to talk with Cherie and left the meeting.

Cherie eventually came to the meeting. At this time William and Donna Olds told her that the child would be better off with them, that they wanted to adopt her baby, that the adoption would keep the Welfare Department from taking her child, and that she could see the child when she wished. Cherie agreed to the adoption. William Olds immediately contacted his attorney and arranged to have adoption papers prepared for execution the following day.

On the morning of January 15, 1987, Cherie Grafe went to the home of her aunt and uncle, Donna and Williams Olds. During the next several hours the baby's belongings were retrieved from the home of Jean Grafe as the Olds prepared to receive the child. At 4:00 on the afternoon of January 15, 1987 William and Donna Olds, their two (2) children, and Cherie Grafe went to the law offices of William's attorney.

Upon arrival William, Donna and Cherie met with the attorney's secretary; the attorney was in court and did not appear. They were presented with the following papers: Complaint for Adoption, Consent to Adopt with accompanying Affidavit, and Judgment of Adoption. Everyone reviewed the papers. Cherie pointed out typing *692 errors and questioned the necessity for name change contained in the Complaint. Cherie did not ask for, nor was she offered an attorney or an opportunity to take the papers to an attorney. All parties signed the papers; Cherie was not given copies.

After the papers were signed, William and Donna Olds, their children and Cherie returned to the Olds' residence. At this time William and Donna Olds took custody of the eight (8) month old baby and immediately changed the child's name.

Three days later, January 18, 1987, Jean Grafe learned of the visit to the attorney's office and signing of the adoption papers. Jean Grafe was upset and contacted Cherie. Within a week both Jean Grafe and Cherie decided to contest the adoption and sought counsel of their own.

Cherie returned to the Olds home to visit with her child on February 2, 1987 and May 8, 1987. She called the Olds on February 16, 1987, but did not arrive for a visit. On June 1, 1987 William and Donna Olds restricted Cherie's visits: visitation was not allowed without 24 hour notice, and then only if both William and Donna Olds were present, the visits could only last 30 minutes, and Cherie was not allowed to bring friends with her. Between June 1, 1987 and the hearings in this case, Donna Olds testified that Cherie called 12 times to visit and actually visited 7 of those 12 times. William Olds testified that Cherie was denied visitation on June 4, 5, 10, 25, 1987 and August 12, 1987.

The Complaint for Adoption, Consent to Adoption with accompanying Affidavit and Affidavit of Physician were filed with the Clerk of the Chancery Court of DeSoto County, Mississippi on January 21, 1987. Jean Grafe and Cherie, through counsel, filed an Answer to Petition for Adoption contesting the Complaint on February 24, 1987. William and Donna Olds filed their Response to the Answer on March 27, 1987. An Order of continuance was entered May 7, 1987.

Sometime after April 28, 1987, Cherie revealed the name of the father of her child. Counsel for the Olds petitioned the court for leave to amend the complaint to include the name of the natural father on June 5, 1987. Permission to amend the complaint was granted and the case was continued on June 11, 1987. Process was served on the natural father, but he made no appearance in the case. Thereafter, the case was continued on the following dates: July 20, 1987, September 17, 1987, and September 18, 1987.

Hearings were held on the Complaint on October 10, 1987, December 11, 1987 and April 6, 1988. The Chancellor rendered his opinion granting the adoption from the bench on April 6, 1988, approximately 14 months after the placement of the child and filing of the original petition. The Chancellor found: (1) Williams v. Pope, 281 Ala. 416, 203 So.2d 271 (1967) was controlling law; (2) a valid consent was given; (3) there was no valid reason to allow withdrawal of consent; (4) the natural mother physically and legally abandoned the child upon the signing of the consent in accordance with Miss. Code Ann.

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Bluebook (online)
556 So. 2d 690, 1990 WL 6746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grafe-v-olds-miss-1990.