In re Greenwood

288 S.W.2d 413, 1956 Mo. App. LEXIS 66
CourtMissouri Court of Appeals
DecidedMarch 20, 1956
DocketNo. 29382
StatusPublished
Cited by8 cases

This text of 288 S.W.2d 413 (In re Greenwood) 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
In re Greenwood, 288 S.W.2d 413, 1956 Mo. App. LEXIS 66 (Mo. Ct. App. 1956).

Opinion

WOLFE, Commissioner.

This is an action wherein the maternal grandparents sought to adopt their granddaughter and a paternal uncle and his wife sought to have custody of the child transferred to them for the purpose of adoption. Both petitions were heard as one case, which resulted in a denial of the petition of the grandparents and the granting of a transfer of custody of the child to the uncle and his wife for the purpose of adoption.

The matter originated by Maude Earnest filing a petition in which she was later joined by her husband, William Earnest. They sought to adopt Sandra Greenwood who was their granddaughter. The petition charged that the child’s father abandoned her and [414]*414had not supported her for more than a year. The father, Guy Greenwood, was made a party defendant and answered by denying that he had abandoned the child and further alleged that the petitioners had refused to deliver possession of the child to him and that he had sought to compel them to do so by a writ of habeas corpus.

After the filing of the petition by the Earnests another petition was filed in the same court by Joe E. and Edna Greenwood. They sought to have custody of Sandra transferred to them so that they might seek her adoption at the expiration of the required period of legal custody. These petitioners were the brother and sister-in-law of the father, Guy Greenwood. To this second petition the first petitioners filed an answer and later as to the second petition filed an application for a change of venue. The trial judge held that both petitions should be heard as one case and that since he was diqualified as to one petitioner he was disqualified as to both. He directed both causes to be transferred to another circuit and the first petitioners then sought a writ of prohibition in the Supreme Court on the grounds that the judge was not disqualified to hear their petition. The Supreme Court granted the writ and held that the court properly considered the petitions, in effect, as one action but it held that the case should remain in the county where the petitions were filed and that a judge from another circuit should be assigned to try it. State ex rel. Earnest v. Meriwether, Mo.Sup., 270 S.W.2d 20. It is from the decree of the following trial that this appeal was taken.

Sandra Greewood was born in Hannibal, Missouri, and when she was about three weeks old she and her mother moved to the home of the mother’s parents. At about this time Sandra’s mother was divorced from Guy Greenwood. The mother and child continued to live with the Earnests -up to the time of the death of the mother which occurred when Sandra was about four years old. During the time Sandra’s mother was living she was employed 'and consequently both before and after her death Sandra was cared for by her grandmother, Mrs. Earnest.

Shortly after the death of Sandra’s mother, Mrs. Earnest filed a petition to adopt Sandra. After this petition was filed Sandra’s father, Guy Greenwood, sought to obtain custody of the child by a writ of habeas corpus. In the return to the writ it was alleged that Guy Greenwood was an unfit person to have the care of the child. The issues presented were never tried and the matter remained undisposed of at the time of the trial of the case now under consideration.

The Earnests own a two-story frame house in Hannibal which occupies most of the lot upon which it is built. The only yard is a small space in front between the sidewalk and the house. At the time of the trial the Earnests had owned the place for about seven years. They paid $1,400 for it and still owed about $1,000 of the purchase price. The house is divided into two apartments. One apartment of three rooms on the first floor is rented for $30 per month and the Earnests and their granddaughter live in four rooms on the second floor. The apartment occupied by the Earnests is clean and well kept.

Mrs. Earnest is not employed but Mr. Earnest works for the City of Hannibal and earns $225 a month. In addition to his earnings they receive $46 per month for the support of the child from Social Security benefits earned by the child’s mother during her employment. This last item, plus the rent and Earnest’s salary, gives them a total monthly income of $301. Mr. Earnest’s employment, however, is seasonal so the income is not always at this level.

Earnest was sixty-five years old and his wife sixty-two years old .at the time of the trial, and both of them were in good health. They have four adult children of their own. Both the petitioners and the children are very fond of Sandra and she is well cared for. She is a bright, properly-adjusted child according to the report of the social worker who investigated the home. Mrs. Earnest takes her to and from school and affords the child all the care a good mother would. Her children and neighbors who [415]*415testified all commended her highly for the manner in which Sandra is being reared.

The other petitioners, Joe E. and Edna Lee Greenwood, live in Dallas, Texas. Mr. Greenwood was at the time of trial thirty-eight years of age and his wife was thirty-five. Both of them were employed. Mrs. Greenwood is a ledger clerk for an insurance company and earns $282 a month. Joe Greenwood is a salesman for a wholesale coffee company and has an average income of $600 per month. With the exception of three years while he was serving with the United States Air Corps they were living in Texas.

Both have been members of the Presbyterian Church and they attend fairly regularly. They would like to have a family but. Mrs. Greenwood is physically incapable of bearing children so they have wanted to adopt Sandra for some time.' Mrs. Greenwood stated that if the. custody of Sandra is awarded to them, she intends to give up her. employment. They also have a plan to adopt another child so that they will have a family. They have seen Sandra only on one occasion other than the time they saw her at the trial. This was on a visit to the Earnest home where they talked to the child and held her. They.plan to give Sandra a university education and proper religious training.

' Seven residents of Dallas testified by deposition that the Greenwoods were persons of very good character, who are active in church and civic affairs.

They own an apartment house on which they still owe about $7,200. They have refused an offer of $18,500 for the property. It has four family units and a fifth apartment over a garage. They live in one of the apartments, which is very well furnished. There is a yard measuring about 100 feet by 50 feet in the rear and a public school 2½ blocks away. Mrs. Greenwood’s mother lives with them and they contribute to her support although she Owns a farm from which she receives a small income. A case study was made of the Greenwoods by the Children’s Bureau of Dallas, Texas, and it confirms the characteristics of the Green-woods that, caused them to be held in high esteem by the witnesses who testified in their behalf. There is also a confirmation of their financial status. It appears from Greenwood’s testimony that his net worth-at the time of trial was about $27,345.

Guy Greenwood, the child’s father, has. remarried and is living in Hannibal. He-lias two children by the second marriage. At one time he was employed as a taxi driver and his wife works as a waitress. He has a long record of arrests for drunkenness, peace disturbance, and traffic violations for which he was fined on some fifteen different occasions.

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Cite This Page — Counsel Stack

Bluebook (online)
288 S.W.2d 413, 1956 Mo. App. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-greenwood-moctapp-1956.