Juvenile Officer v. D.A.

826 S.W.2d 397, 1992 Mo. App. LEXIS 495
CourtMissouri Court of Appeals
DecidedMarch 17, 1992
DocketNo. WD 44667
StatusPublished
Cited by5 cases

This text of 826 S.W.2d 397 (Juvenile Officer v. D.A.) 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
Juvenile Officer v. D.A., 826 S.W.2d 397, 1992 Mo. App. LEXIS 495 (Mo. Ct. App. 1992).

Opinion

BRECKENRIDGE, Judge.

D.A., the natural father of R.A.S., appeals from an order of the trial court dismissing a petition filed by the juvenile officer seeking the voluntary termination of his parental rights to R.A.S. The trial court found that termination would not be in the best interests of R.A.S. D.A.’s sole point on appeal presents his contention that the trial court acted in error by dismissing the petition, because its finding that termination did not serve R.A.S.’s best interests was against the weight of the evidence and involved an erroneous application of the law. In support of this contention, D.A. (“Father”) claims that: (1) had this not been a voluntary termination proceeding there would be sufficient evidence to find abandonment or neglect; (2) the trial court should have considered the circumstances of the child’s conception; (3) the public policy of parental support is a weak policy; and (4) the trial court discriminated against Father on the basis of his sex. The judgment of the trial court is affirmed.

On June 23, 1988, the deputy juvenile officer filed a petition for the termination of Father’s parental rights to R.A.S. On October 31, 1990, the petition was amended, adding that Father consented to the termination. In the petition it is alleged that the best interests of the child would be served by this termination. A hearing on the matter was held on March 5, 1991. At that hearing testimony was given by Father, D.S. (“Mother”) and by Lisa Smith, the deputy juvenile officer.

R.A.S. was born February 28, 1983. Mother was eighteen at the time of R.A.S.’s birth; Father was sixteen. Father claims that he does not remember having sexual relations with Mother, speculating that perhaps he was intoxicated during the only occasion he maintains that such relations could have occurred. Mother claims that she and Father had an ongoing sexual relationship. Although Father does not acknowledge R.A.S. as his child, R.A.S.’s paternity was judicially determined in an earlier action via a series of blood tests.

Father testified that he is unwilling to be a father to R.A.S. He does not intend to visit him or establish any relationship. Father is reluctant to support R.A.S., acknowledging that he would not do so unless forced to by the court. Despite a court order for support, Father has paid only a nominal amount. Mother currently supports R.A.S. on her income, but requires public assistance from food stamps.

Mother testified that she is currently married but in the process of procuring a divorce. Mother has never prevented Father access to R.A.S. Father has not availed himself of the opportunity to have contact with the child. He has never done [399]*399anything toward developing a relationship with R.A.S.; he has not sent him presents and has never visited with him. Despite this, eight-year-old R.A.S. has emotional ties to Father as a result of his awareness of his parentage. Mother testified that R.A.S. was upset by the court proceedings, but “as long as he isn’t exposed to this and we don’t talk about it at home, he’s fine.”

Lisa Smith, the juvenile officer, filed the petition after interviewing Father and Mother. She also reviewed the records of the Division of Family Services. She did not talk to R.A.S., nor did she initiate any further investigation into R.A.S.’s circumstances. She testified that she believed termination was in R.A.S.’s best interests because of the lack of emotional ties and commitment from the father of the child.

The trial court entered its order dismissing the petition, finding that the termination of Father’s parental rights was not in the best interests of R.A.S. From this order, Father appeals.

The decision of the trial court must be sustained unless there is no substantial evidence to support it, it is against the weight of the evidence or it erroneously declares or applies the law. In Interest of B.L.G., 731 S.W.2d 492, 497 (Mo.App.1987). Deference is accorded to the trial court’s determination of the credibility of witnesses; evidence, together with all reasonable inferences flowing therefrom, is viewed in the light most favorable to the verdict. Id. at 496-97 (quoting In Interest of B. C.H., 718 S.W.2d 158, 160 (Mo.App.1986)).

Father challenges the trial court’s determination that termination was not in R.A.S.’s best interests. He contends that the trial court did not weigh the evidence of the lack of emotional bonding between father and son heavily enough in its decision and has placed too much emphasis on the issue of child support. Father reasons that his rejection of R.A.S. was beginning to adversely affect the child and concludes that the child would be best served by a legal severance of the parental tie. There is no evidentiary basis to support this contention. Further, Father’s concern over R.A.S.’s emotional health would appear laudable, but for Father’s total lack of care or concern for R.A.S. heretofore demonstrated by his lack of contact with the child. Father’s argument is specious and appears a transparent attempt to avoid support.

Section 211.444.11 provides that the trial court “may terminate the rights of a parent to a child if it finds that such termination is in the best interests of the child and the parent has consented in writing to the termination of his parental rights.” It is the phrase “best interests of the child” that is the subject of dispute between the parties. Father claims that the trial court looked to support alone in making its determination, ignoring other factors such as a good home, good care and emotional bonding. In making this claim, Father points out that the evidence in question would support an involuntary termination, citing In the Interest of W.F.J., 648 S.W.2d 210 (Mo.App.1983), and In Interest of R.L.P., 652 S.W.2d 185 (Mo.App.1983).

Father also claims that the policy of parental support, the policy that provides that parents owe a duty of support to their children, is a weak policy. In support of this claim he cites cases for the proposition that agreements between parents as to past due support may be settled by the parents without resort to the courts. He cites Holt v. Holt, 662 S.W.2d 578 (Mo.App.1983), and Koenig v. Koenig, 191 S.W.2d 269 (Mo.App.1945). In Koenig, the court upheld as valid an agreement between the parents where mother released father from further obligation to support children under divorce judgment in consideration of his payment of a specified sum. Koenig, 191 S.W.2d at 272. The court did make it clear that the father’s underlying duty of support was not compromised; it upheld the contract while recognizing “that the [father] could not, by contract with [the mother], deprive the children from their right to support from him in case the [mother] should fail to fulfill the contract....” Id. Father’s citation of Holt is [400]*400even further afield providing, in opposition to the result reached in Koenig, that compromise of past support is allowable by agreement but parents “may not enter into an agreement to reduce the support which will accrue in the future.” Holt, 662 S.W.2d at 580. See also Kastner v. Kastner,

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826 S.W.2d 397, 1992 Mo. App. LEXIS 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juvenile-officer-v-da-moctapp-1992.