Heyer v. Peterson

307 N.W.2d 1, 1981 Iowa Sup. LEXIS 961
CourtSupreme Court of Iowa
DecidedJune 17, 1981
Docket65273
StatusPublished
Cited by28 cases

This text of 307 N.W.2d 1 (Heyer v. Peterson) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heyer v. Peterson, 307 N.W.2d 1, 1981 Iowa Sup. LEXIS 961 (iowa 1981).

Opinions

ALLBEE, Justice.

In this appeal unwed parents are vying for the custody of their child. We affirm trial court’s award of custody to the father.

I. Factual background. The dispute over custody arrives here from this background. The child, Matthew, was conceived as a result of the liaison between Shelley Jean Heyer and Richard Romaine Peterson. This transpired during the summer of 1976, when Shelley was seventeen and Richard was twenty-one. At that time, Shelley was ready to start her senior year at Estherville High School and Richard, who was graduated from the same school in 1973, was employed as a laborer at a packing plant in Estherville. When it was realized that Shelley was pregnant, her parents sent her to Sioux City for foster home care under the auspices of Catholic Charities. Richard regularly visited Shelley in Sioux City, and wanted to marry her.

Matthew was born on April 23, 1977. Shelley then returned home, but the baby remained in a foster home in Sioux City for approximately two months. During this interim, Shelley and Richard frequently visited Matthew together. Richard continued to propose marriage, and his parents approved. Shelley’s parents, however, were adamant in their opposition to a marriage, and they urged that Shelley and Richard allow the baby to be adopted; they were of the opinion that Shelley’s and Richard’s relationship was not likely to endure and that it was in Matthew’s interests that he be placed with Catholic Charities for adoption. Shelley’s parents also refused to permit her to return to their home with the baby.

Shelley and Richard finally reached the decision to keep Matthew. In July 1977, they took Matthew to the home of Richard’s parents, where they resided for about one month. Thereafter, until October 1978, Shelley and Richard, with Matthew, lived in a rural Estherville home that Richard owned. Richard continued at his same employment, and Shelley remained in the home. Richard’s parents maintained a close and supportive relationship with the couple and child; conversely, during much of this period, Shelley, Richard and the baby were ostracized by Shelley’s parents.

In October 1978, however, Shelley’s parents permitted Shelley and the child to move into their home in Estherville, where they remained until January 1979, when they moved to an apartment owned by Shelley’s father. Although separated from Shelley and Matthew, Richard visited them as often as could be arranged. His visits were limited while they were in Shelley’s parents’ home, apparently because of her parents’ animosity toward him. Following the move to the apartment, relations between Shelley and Richard improved, and Richard’s visitations with Matthew became frequent, often daily. There were occasions when Richard stayed with Matthew, and other times when Matthew visited or stayed at Richard’s residence. Shelley, Richard and Matthew even vacationed together in Virginia in the summer of 1979.

[3]*3II. Procedural background. A petition to establish paternity was filed in Shelley’s behalf on April 9, 1979, alleging that Richard is Matthew’s father and is capable of supporting him. The action was initiated by the Child Support Recovery Unit of the Department of Social Services, the agency to which Shelley had assigned her support payments.1 Richard neither appeared nor filed a motion or answer in response to the original notice served on him, and on May 21 judgment was entered against him. The judgment was entered on a department form entitled “Enrolled Order.” That form provided blanks for the addition of data germane to the case in which it was being utilized. Typed into those blanks in this case were the names of the parties and the child and the child’s date and place of birth. A single paragraph of the form also provided “[t]hat Plaintiff shall have custody of the child named above.” The district judge to whom the proposed judgment was presented apparently added only the date and the amount of monthly child support to be paid, and affixed his signature. Both the petition and the judgment, or so-called enrolled order, denominate the cause as a law action. The caption of the original notice, however, while bearing the same case number as the other items, indicates the action as being in equity.

In September 1979, upon discovering that the judgment in the paternity action purported to award the custody of Matthew to Shelley, Richard filed a petition pursuant to Iowa R.Civ.P. 252(b) to modify the judgment by expunging from it the provision fixing custody. Richard’s petition was filed in the original paternity action, in accordance with Iowa R.Civ.P. 253(a). In the petition, Richard alleged that he had allowed the entry of the default judgment because he admits he is Matthew’s father and because he recognizes his obligation to help support the child. He further asserted there was neither an allegation nor any notice that custody would be adjudicated in the proceeding. Finally, he alleged that the provision of the judgment awarding the custody of Matthew to Shelley was procured by irregularity or fraud and in violation of his right to due process of the law.

During this same month, Shelley commenced a dissolution of marriage action. Her petition alleged that in 1977 she and Richard entered into a common law marriage, and she asked that it be dissolved. In addition to petitioning for an equitable division of marital property and the allowance of maintenance, she asked for the sole custody of Matthew.

The two foregoing actions were subsequently assigned to be tried together. On the day of trial, however, the parties stipulated that no common law marriage existed, and settled all the issues raised in Shelley’s dissolution action with the exception of custody of Matthew. This accomplished, trial to the court proceeded on Richard’s petition to modify the judgment in the paternity action; the dissolution action was thereafter dismissed. By agreement of the parties, two issues remained to be determined: first, whether custody was validly adjudicated in the underlying paternity action, and second, in whose custody Matthew’s interests would best be served. In its findings and conclusions filed on June 9, 1980, trial court held the custody award provision of the paternity action judgment was void, and determined that Matthew should be placed in Richard’s custody.

On appeal, Shelley asserts that trial court was mistaken in these respects: (1) in modifying the paternity action judgment by voiding the custody award; (2) in failing to require that Richard demonstrate a superior claim of right of custody; (3) in failing to demand that Richard establish a material change of circumstances to justify a change in custody; and (4) in not awarding her custody of the child.

III. Scope of review. From the outset, trial court and the parties have treated the underlying paternity proceeding as an ac[4]*4tion at law, controlled by chapter 675, The Code 1979.2 The source of this controversy, of course, is Richard’s petition to modify the judgment in the paternity suit. As previously noted, both the petition to establish paternity and the judgment entered in that action were captioned at law. Similarly, Shelley’s notice of appeal in the instant case is also styled as at law. Only the original notice of commencement of the paternity action, a partially completed form which bore a blank for an equity number to be inserted, indicates the cause as being equitable.

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Bluebook (online)
307 N.W.2d 1, 1981 Iowa Sup. LEXIS 961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heyer-v-peterson-iowa-1981.