J.R.D. v. J.L.D.

450 S.W.3d 836
CourtMissouri Court of Appeals
DecidedDecember 16, 2014
DocketNo. ED 101337
StatusPublished

This text of 450 S.W.3d 836 (J.R.D. v. J.L.D.) 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
J.R.D. v. J.L.D., 450 S.W.3d 836 (Mo. Ct. App. 2014).

Opinion

Sherri B. Sullivan, P.J.

Introduction

J.R.D., Jr. (Appellant) appeals from the trial court’s judgment denying his petition for letters of guardianship over the minor J.D.D. (Child) and granting J.L.D.’s (Mother) petition for habeas corpus. We reverse.

Factual and Procedural Background

Appellant and Mother were divorced in 2007 and have a son together. Appellant has had custody of the parties’ son since their divorce. On January 3, 2011, Mother gave birth to her second boy, Child, who is the subject of these proceedings. Although no paternity test has been performed, Child’s biological father is presumed to be E.P., who has never been involved in Child’s life and was given notice but failed to appear for these proceedings and is thus in default.

Prior to Child’s birth, Mother approached Appellant about financing an abortion of Child or about Appellant and his partner being Child’s parents. Appellant declined to finance an abortion but did agree to take and raise Child once he was born. Mother listed Appellant’s name on Child’s birth certificate as the father. On January 5, 2011, Mother executed a hospital release form titled “Release of Infant to Other Than Parent” to allow Appellant to take Child home and care for him. The hospital release provided that Mother understood she was responsible for Child’s health care needs until an order of termination of parental rights or a decree of transfer of custody and adoption was received by Hannibal Regional Hospital.

Appellant took Child home with him and cared for Child along with the parties’ son. Around November 2011, when Child was ten months old, his stomach was temporarily paralyzed due to a virus, a medical condition called gastroparesis. Appellant took Child to the hospital where he was admitted and administered a feeding tube and an intravenous line for nutrition and hydration. After a two-month hospital stay, Appellant took Child back and forth to the hospital for check-ups. Child’s treatment for and recovery from this medical condition spanned three months, and although Appellant informed Mother of Child’s medical problems and invited her to come to the hospital to visit and see Child, Mother never went to the hospital to see or visit Child. Nor did Mother assume any of the responsibility for Child’s health care needs or costs during this time or any other. For the next year and a half, Appellant took care of Child. During this time, Mother never visited Child or provided any support for Child.

On July 1, 2013, for the first time since Child’s birth, Mother suddenly arrived at Appellant’s residence accompanied by Missouri State Highway Patrol officers demanding physical custody of Child. Appellant showed the officers Child’s birth certificate with his name on it, and the officers refused to physically take custody of Child from Appellant and give him to Mother. Between January 5, 2011 and July 1, 2013, Mother never attempted to obtain physical custody of or visitation with Child.

On July 22, 2013, Mother filed a Petition For Writ Of Habeas Corpus in the Circuit Court of Marion County, Case Number 13MM-CV00186, alleging’ Appellant had the unlawful physical custody of Child and seeking to have the trial court transfer physical custody of Child from Appellant [839]*839to Mother.1 In response, on August IB, 2013, Appellant filed a Petition For Guardianship, Case Number 13MM-PR00033, seeking to have the trial court appoint Appellant as Child’s statutory guardian so Appellant could lawfully retain legal and physical custody of Child.

The cases were consolidated and heard simultaneously at a two-day bench trial held on November 4, 2013 and November 27, 2013.

Appellant submitted evidence Mother had abandoned and neglected Child from January 5, 2011 to August 13, 2013, by providing no financial support to Appellant for Child and seeking no contact with Child during that time.2 Mother never visited Child nor provided any care for him during this time, including during his hospitalization.

Appellant presented evidence Mother was physically unable to have physical custody of Child because Mother has been diagnosed as disabled due to fibromyalgia, degenerative disc disease, chronic knee pain, chronic back pain, and chronic neck pain. Mother testified her disabilities prevent her from accomplishing minor chores due to pain and that she is not supposed to lift anything over twenty pounds. At the time of trial, Child weighed thirty pounds.

Appellant provided evidence Mother had also been diagnosed as being disabled due to bipolar disorder, personality disorder, and post-traumatic stress disorder. Appellant provided evidence Mother has had seven psychiatric hospitalizations, includ-: ing hospitalizations for suicidal attempts and ideations.

Toni Medina (Medina), Mother’s caseworker, testified as of the time of trial, Mother takes a number of medications including Trazodone, a mood stabilizer and sleep aid; Naproxen for pain; Prilosec for gastrointestinal pain; Tramadol for pain; Lamotrigine, a mood stabilizer; Topamax, a mood stabilizer; Campral, to curb the urge to drink alcohol; and Citalopram, an antidepressant. Medina also testified that as of June of 2013, Mother has reported a history of difficulties with mood swings, anger, past suicidal ideations and gestures, childhood emotional and sexual trauma, anxiety, paranoia, auditory hallucinations, cutting on herself, stress, coping with physical health issues, depression, explosive anger, flashbacks, nightmares, and alcohol abuse.

Mother testified that her former psychiatrist, Dr. Lyle Clark, diagnosed her with bipolar disorder with homicidal rages.

The guardian ad litem, Meredith Morrow Illa (Ilia), testified she did not believe Mother should have guardianship of Child at the time of trial as it was not in Child’s best interests. Ilia cited reasons for her recommendation, to-wit: Mother’s physical limitations; Mother’s recent history of relapsing; not taking her medications; and failing to follow her caseworker Medina’s recommendations, for example, to attend Alcoholics Anonymous meetings. Ilia stated that although she saw some improvement in Mother’s mental health, it was not in Child’s best interests for Mother to have full-time custody of him at that time. Ilia stated she believed guardianship with Appellant and visitation with Mother was the most appropriate action at that time and comported with what she thought was in Child’s best interests. .

[840]*840On January 7, 2014, the trial court entered a judgment without findings in the docket sheets granting Mother’s Petition for Writ of Habeas Corpus and denying Appellant’s Petition for Guardianship. On February 6, 2014, Appellant filed a Motion for New Trial and/or Motion to Amend Judgment. On March 18, 2014, the trial court heard Appellant’s post-trial Motion and on March 25, 2014, denied it. This appeal follows.3

Points on Appeal

In his first point, Appellant maintains the trial court erred in denying his petition for guardianship because the judgment was unsupported by substantial evidence and against the weight of the evidence, in that the evidence established Mother was physically and mentally unfit and unable to assume the duties of natural guardian of Child.

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Bluebook (online)
450 S.W.3d 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jrd-v-jld-moctapp-2014.