In Re the Adoption of Clark

183 N.W.2d 179, 1971 Iowa Sup. LEXIS 697
CourtSupreme Court of Iowa
DecidedJanuary 19, 1971
Docket53784
StatusPublished
Cited by15 cases

This text of 183 N.W.2d 179 (In Re the Adoption of Clark) 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 the Adoption of Clark, 183 N.W.2d 179, 1971 Iowa Sup. LEXIS 697 (iowa 1971).

Opinions

UHLENHOPP, Justice.

The question here is whether a stepmother’s petition to adopt five children should be granted.

C. Walter Clark, Jr. and Margaret F. Clark were husband and wife. Mr. Clark is a teacher at Drake University. Within a space of six years, five children were born to them. The children ranged in age from three to nine years at the time the case was tried in May of 1969.

On the same faculty with Walter Clark was Truman Cross, who also was married. The Clarks had known the Crosses at another university where the two men were students. At Drake University, the two couples were together socially. A relationship developed between Margaret Clark and Truman Cross. Later Mr. Cross took a job in Washington, D.C., and apparently separated from his wife.

Eventually Margaret Clark decided she wanted to try another life and that she would leave Walter Clark and go with Truman Cross. Walter unsuccessfully tried to get her to stay. The reasons for Margaret’s dissatisfaction with Walter are not shown; the background of their life together was not brought out in the present case. About August 1, 1967, Margaret left for Washington, D.C. She would not commit herself to return to Walter, but she did return in three weeks. She seemed bitter. Soon afterward she left again for Washington, where she lived with Truman. What happened to Truman’s wife is not disclosed, but at some time that couple was divorced. Whether they had children does not appear.

Walter did the best he could with the five children. They all lived in the family home he is buying, and he employed sitters.

Walter decided to take legal action and in the fall of 1967 commenced a divorce [181]*181suit against Margaret. She appeared in the suit. Both parties sought custody of the children during the pendency of the suit. A hearing was held in October of 1967 on that question. Margaret’s situation with Truman was brought out at the hearing, as well as Truman’s past use of the drug LSD. It was also brought out that Margaret too tried the drug on one occasion. Temporary custody of the children was granted to Walter. (The present evidence indicates that while Truman did experiment with LSD, he did not use it to much extent and does not use it now.)

On December S, 1967, Walter was granted an uncontested divorce, permanent custody of the children, securities valued at $1,800, a car, and the house and furniture. Margaret was granted some household effects and the right to visit the children on holidays as agreed by the parties and for a month each summer.

After Margaret left with Truman, Walter became acquainted with petitioner Sandra J. (now Clark), aged 24 at time of trial of the present case. This relationship parallels the commencement and prosecution of the divorce suit by Walter, but the evidence discloses no impropriety as to these individuals. Sandra was a counselor in vocational rehabilitation. When Walter met' her, she was a graduate student at Drake University. The relationship was casual at first. By Thanksgiving they were better acquainted. In December of 1967, Sandra met the children.

About February, 1968, Sandra began to spend considerable time with the children. Walter had a difficult task, of course, with five children, and Sandra helped with their meals, baths, and clothing. She proved to be a capable person with the children, and a bond of affection developed between her and them.

Meantime trouble began to develop over Margaret’s visitation rights. Margaret and the children love each other, and she wanted to see them. On the other hand, the visits were somewhat upsetting to the children, especially the smaller ones. Margaret and Walter jangled over times for the visits. No doubt Walter’s reluctance was mainly motivated by the disturbance of the children, but we suspect that as time passed he saw the possibility of a more settled life with Sandra.

When the summer of 1968 came, Walter objected to Margaret’s taking the children to Washington to be in a home where Margaret and Truman were living together. He also raised the question of LSD. Margaret had him cited for contempt, but after a conference and an agreement by the parties, Walter was exonerated of contempt and Margaret was given her month’s visitation at her residence in Washington "on condition she would “permit no other persons to reside at such residence nor have more than casual contact or association with said children during the period of such visitation.” Margaret took the children for the month.

In December of 1968 Walter married Sandra and Truman married Margaret. Walter and Sandra remained at the same place with the children, but Truman and Margaret moved to California, where he taught in a university. Whether Truman and Margaret are still there does not appear.

Walter has a permanent position and earns about $13,000 annually. Sandra is a good housekeeper, keeps the children clean and watches over their coming and going, maintains good control of them, and is a mature mother to them. Margaret has made birthday gifts to the children of money and clothes, but does not say she supports them.

As time passed, the matter of Margaret’s visitation rights continued to be a disruptive factor. Walter and Sandra agree the children should see their own mother. But they believe they should have complete responsibility for and control of the children in order to have stability in the family. Accordingly, in April of 1969, about four months after Walter and Sandra were [182]*182married, Sandra petitioned to adopt the children and Walter executed his consent. Notice was given to Margaret, and she appeared and contested the petition. The matter was tried on the merits.

At trial the facts which have been related were brought out. In addition, Dr. Paul R. Dingman testified — a psychologist who directed the Des Moines Child Guidance Center for 17 years. He recommended the adoption and explained his thinking in a way which would apparently favor adoption in numerous stepparent situations :

"It is my opinion that children can grow most favorably and most fully, psychologically, when they have for parents an entity * * *. The important thing is that the entity be clearly responsible for the child and thus, in the child’s eyes able to control, protect, nourish and provide for him. Where there are confusing factors, these can make it very difficult for a child to grow adequately, and by confusing factors I would mean where the definition of the father-and-mother entity is different in the eyes of various people. Children can thrive best * * * when they don’t have to be concerned about the possibility there might be other parental forces that could impinge upon them, could perhaps threaten or vitiate the effectiveness of the people they have to consider as their parents.”

Margaret also testified. Her fear is loss of contact with her children. The gist of her position is found in this interrogatory and response:

“Q. Assuming this adoption is granted by the Court, do you truthfully have any fear that Walter and Sandra would prohibit you from seeing the children or prohibit the children from coming to visit you at times and under circumstances that, in their judgment, as well as taking into consideration your circumstances in that point of time, would dictate? Do you have any fear? A. Yes I do. That is why I am here. I definitely do.”

The trial court denied the petition to adopt. Sandra appealed to this court.

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In Re the Adoption of Clark
183 N.W.2d 179 (Supreme Court of Iowa, 1971)

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Bluebook (online)
183 N.W.2d 179, 1971 Iowa Sup. LEXIS 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-clark-iowa-1971.