In Re Adoption of Moriarty

152 N.W.2d 218, 260 Iowa 1279, 1967 Iowa Sup. LEXIS 836
CourtSupreme Court of Iowa
DecidedJuly 11, 1967
Docket52605
StatusPublished
Cited by22 cases

This text of 152 N.W.2d 218 (In Re Adoption of Moriarty) 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
In Re Adoption of Moriarty, 152 N.W.2d 218, 260 Iowa 1279, 1967 Iowa Sup. LEXIS 836 (iowa 1967).

Opinions

Moore, J.

This is an adoption proceeding involving Angelia Kay and Julie Kay Moriarty, minor children of David D. Moriarty and Jayne R. Moriarty, now Postlethwait. The father and mother were divorced and exclusive care, custody and control of the two children was given to the father. The mother was granted reasonable rights of visitation. About two years later the father’s brother, George P. Moriarty, and wife, Mary J., filed a petition for adoption of the two children. A verified consent by the natural father was attached thereto. The mother’s whereabouts was then unknown to petitioners. Later she was located and given notice. She appeared in person and by her counsel at the hearing and resisted the adoption following which a decree of adoption was entered granting petitioners the rights of adoptive parents. The natural mother has appealed. We affirm.

The natural father of Angelia Kay; born December 21, 1961, and Julie Kay, born June 9, 1963, was granted a divorce from the natural mother on September 21, 1964, in the District Court in and for Calhoun County, Iowa. The father was then a mem[1282]*1282ber of the United States Armed Forces. He was still so engaged at trial time in the case at bar. The natural mother appeared and was represented by counsel. She consented to the provisions of the divorce decree which included: “It Is Further Ordered that the plaintiff David D. Moriarty, is hereby given the exclusive care, custody and control of the children of this marriage, Angelia Kay Moriarty and Julie Kay Moriarty, and that the defendant, Jayne R. Moriarty, shall have reasonable rights of visitation with said children at all reasonable times and places.”

Following divorce the father placed the two children in the home of his parents at Rockwell City and returned to service. The natural mother soon thereafter left Iowa. The children remained in the grandparents’ home until August 1966 when because of ill health the grandmother was unable to continue caring for them.

After some conference the children, with the father’s consent, were placed in the care of the brother, George P. Moriarty, and wife at Lake Park, Dickinson County, where they have remained. This was done with an understanding the two children would become members of the George P. Moriarty family and would be adopted.

On September 22, 1966, this petition for adoption of the two girls, then age three and five, was filed in Dickinson County. Attached thereto was the natural father’s consent and his request the adoption be granted. It contained no consent or notice to the natural mother. On the same date the Dickinson District Court entered a decree of adoption.

After learning the natural mother’s address, petitioners obtained a reopening of the adoption proceedings for the purpose of giving her notice and setting a hearing on their adoption petition.

The natural mother, now resister-appellant, first filed a motion to dismiss the adoption proceedings on the ground her consent was required. The trial court overruled this motion.

She then filed an answer denying generally the allegations of the petition for adoption and alleging her consent was required, the best interests of the children would not be served by the adoption and that she had filed an application in the Calhoun [1283]*1283District Court asking the divorce decree be modified and that she be granted custody of the children. She further alleged the court was without jurisdiction to hear and determine the adoption proceeding.

Petitioners’ reply denied the affirmative allegations of resister’s answer and alleged they had filed a special appearance in the Calhoun District Court.

The case at bar was tried and submitted to the trial court on December 12. 1966. The resister appeared, testified and was represented by her present counsel. Nothing further was filed or done until the trial court on January 9, 1967, filed detailed findings of fact, conclusions of law and entered a decree granting the adoption. Resister-appellant filed notice of appeal on January 11, 1967.

She assigns two propositions for reversal, (1) the trial court erred in ruling her consent was not required and (2) the trial court abused its discretion in determining the best interests of the children would be served in granting the adoption with the knowledge a custody hearing was pending in Calhoun County.

The evidence submitted to the trial court establishes no real factual disputes. David D. Moriarty, the natural father, related the facts which we have already set out regarding the marriage, birth of the children, the divorce decree, the care of the children and his placing them in the home of petitioners. He testified the children were happy and well cared for in petitioners’ home and requested the adoption be granted. He testified he learned a week previously his ex-wife had remarried and ivas living in Jefferson, Iowa. Over petitioners’ objections he testified on cross-examination he had attended a custody hearing with reference to the children in Calhoun District Court on December 5, 1966, and heard testimony the resister would make a good mother for the children.

Petitioner, George P. Moriarty, testified he was 29 and his wife 30 years of age, they have four daughters, 12, 11, á and 2 years of age, a son, age 8, he earned in excess of ten thousand dollars a year as assistant manager of a grain and fertilizer company, he was carrying insurance to help finance the future [1284]*1284education of the children, including the two subject children, all attend church every Sunday, the two children are treated like their own, the two children are healthy, happy and fit perfectly into the family. He stated the subject children call him father and his wife mother and often expressed and showed love and affection. On cross-examination he expressed his awareness of the responsibility and expense of rearing and educating the children and his willingness to assume this burden. He stated he first learned the natural mother was attempting to get custody of the children when two notices of hearing were received in the mail. He further testified he had filed a special appearance which had not been ruled on. He was not aware of the natural mother’s whereabouts or her remarriage until after the adoption petition was filed.

The other petitioner, Mary J. Moriarty, gave substantially the same testimony. She testified she was capable of expending the energy necessary to be a mother of seven and there were no disciplinary problems with the children.

Hope McCown, Director of Dickinson County Department of Social Welfare, testified in great detail of her investigation of the petitioners’ home, reputation, finances and the care being given the children. She had called at petitioners’ house without advance notice, found a large clean, adequate home, a bed for each child and happy, well disciplined children. Her investigation included interviews with the family doctor, county sheriff and a member of the board of supervisors. All spoke highly of petitioners, their home, reputation and family life. She reported the home was suitable and recommended the adoption be granted.

The natural mother, resister-appellant here, testified the divorce decree was entered with her full knowledge and consent, thereafter she went to Texas where she worked as a waitress, she married Mr. Postlethwait on February 27, 1966, and then moved to Jefferson, Iowa, where her husband was employed at the Greene County Eural Electric Coop Company.

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

Related

In Re Eg
745 N.W.2d 741 (Court of Appeals of Iowa, 2007)
In the Interest of E.G.
738 N.W.2d 653 (Court of Appeals of Iowa, 2007)
In Re the Adoption of S.J.D.
641 N.W.2d 794 (Supreme Court of Iowa, 2002)
Clark v. Curran
575 P.2d 310 (Arizona Supreme Court, 1978)
Matter of Appeal in Pima County Etc.
575 P.2d 310 (Arizona Supreme Court, 1978)
Doan Thi Hoang Anh v. Nelson
245 N.W.2d 511 (Supreme Court of Iowa, 1976)
Love v. Vogt
219 N.W.2d 529 (Supreme Court of Iowa, 1974)
In Re Adoption of Vogt
219 N.W.2d 529 (Supreme Court of Iowa, 1974)
Stotler Ex Rel. Stotler v. Lutheran Social Service of Iowa
209 N.W.2d 121 (Supreme Court of Iowa, 1973)
Bond v. Carlson
188 N.W.2d 728 (North Dakota Supreme Court, 1971)
Katko v. Briney
183 N.W.2d 657 (Supreme Court of Iowa, 1971)
In Re the Adoption of Clark
183 N.W.2d 179 (Supreme Court of Iowa, 1971)
Cole v. City of Osceola
179 N.W.2d 524 (Supreme Court of Iowa, 1970)
In Re the Adoption of Blanchard
179 N.W.2d 441 (Supreme Court of Iowa, 1970)
Reeder v. Iowa State Highway Commission
166 N.W.2d 839 (Supreme Court of Iowa, 1969)
In Re Adoption of Moriarty
152 N.W.2d 218 (Supreme Court of Iowa, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
152 N.W.2d 218, 260 Iowa 1279, 1967 Iowa Sup. LEXIS 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-moriarty-iowa-1967.