Matter of Adoption of RMPC

512 So. 2d 702
CourtMississippi Supreme Court
DecidedSeptember 9, 1987
Docket56955
StatusPublished
Cited by19 cases

This text of 512 So. 2d 702 (Matter of Adoption of RMPC) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Adoption of RMPC, 512 So. 2d 702 (Mich. 1987).

Opinion

512 So.2d 702 (1987)

In the MATTER OF the ADOPTION OF R.M.P.C., a Minor Child.

No. 56955.

Supreme Court of Mississippi.

September 9, 1987.
Rehearing Denied September 30, 1987.

*703 Nova Carroll, Ray M. Stewart, J. Edmand Pace, Stewart, Burks, Pace & Carroll, Picayune, for appellant.

Richard C. Fitzpatrick, David R. Smith, Smith, Smith, Tate & Cruthird, Poplarville, for appellee.

Before HAWKINS, P.J., and ROBERTSON and ANDERSON, JJ.

ROBERTSON, Justice, for the Court:

I.

Today we are concerned that the labyrinthian course of proceedings below not obscure that this case is about the adoption and support of a now thirteen-year-old female child. The child's mother is now living *704 in Louisiana. The child's admitted natural father defends by attacking a two year old decree under which he adopted his own child. In the end we hold that the Chancery Court quite adeptly traversed the labyrinth before it. We affirm.

II.

In 1971 Albert M. Mars (a/k/a Joseph Morris Mars a/k/a Joe Mars) began dating Judith Ellen Pasentine in Pearl River County, Mississippi. On December 6, 1973, R.M.P.C., a female child, was born to Judith Pasentine in Picayune, Mississippi. Within the community Mars was generally considered to be the father, a fact he does not deny. Mars and Pasentine continued their on again, off again relationship until late 1976 or early 1977.

On January 3, 1978, Judith Pasentine married Sam Parker Cooper, Jr., an attorney. On April 10, 1978, Sam and Judith filed a petition in the Chancery Court of Pearl River County seeking to adopt R.M.P.C. On April 21, 1978, a decree was entered granting the adoption and changing the child's name.

On December 4, 1978, Sam Cooper filed a petition, jointly signed by himself and Judith Ellen Cooper, in Adoption Cause No. 594 asking the Chancery Court to have R.M.C. adopted solely by the child's natural mother, Judith Ellen Cooper. The Chancery Court dismissed this petition in an order on December 21, 1978.

On May 24, 1979, also before the divorce of the Coopers on May 30, the procedure disputed before this Court, Adoption Case No. 611, was commenced in the Chancery Court. The petition for adoption of R.M.P.C. was signed by Albert M. Mars, Judith Ellen Cooper and Sam Parker Cooper, Jr. On May 28, 1979, the Chancery Court entered a decree of adoption, which provides that R.M.P.C. becomes the adopted child of Albert M. Mars and Judith Cooper. What makes this unusual proceeding bizarre is that on May 28, 1979, the date of the adoption decree, Mars and Judith were each married to someone else.

On August 4, 1980, Judith Cooper signed a petition for support under Louisiana's Uniform Reciprocal Enforcement of Child Support Act seeking financial assistance in raising R.M.P.C. This petition was filed by the Pearl River County, County Attorney on October 1, 1980, in Cause No. 18,071 and demanded support of and from Mars upon the decree for adoption in Cause No. 611. Mars contends that this was the first time that he had been notified that an "alleged" adoption had taken place on May 28, 1979, in Cause No. 611.

After Mars was served with the U.R.E.S.A. petition, he filed, on November 14, 1980, an answer, affirmative defenses, and cross bill of complaint in Cause No. 18,071 in which he protested the adoption alleged in Cause No. 611.

On September 16, 1981, Sam P. Cooper, Jr. filed a motion to set aside the former decree obtained in Adoption Cause No. 568, wherein he and Judith Allen Cooper had adopted R.M.P. and had her name legally changed to R.M.C. On March 9, 1982, the guardian ad litem filed a response to Cooper's motion and on July 7, 1983, the Chancery Court denied Cooper's motion to set aside the adoption decree in Number 568. During trial of this matter Cooper admitted that if the alleged adoption of Mars in No. 611 were set aside, then Cooper's adoption of R.M.C. in No. 568 would be in full effect and force.

After lengthy proceedings the Chancery Court on October 30, 1984, released its memorandum opinion upholding the unorthodox proceeding of Cause No. 611. The Court began:

The pleadings are voluminous, the positions and counterpositions are numerous and convoluted, some of the assertions by various parties are quite serious and some are almost ludicrous — indeed, the entire matter might be aptly characterized as a "veritable can or worms". Except for the fact that the whole affair bears potential for great damage to a child, innocent of any wrong, it might be called a "comedy of errors" — but because of the effect upon the child, it occurs to this Court that it is more correctly as a "tragedy of errors".
*705 The main thrusts of the action center first around the proceeding in Adoption Cause No. 611 wherein a Final Decree was entered under date of May 28, 1979, which, on its face, effected an adoption of R.M.P.C. to Albert M. Mars, and second around the deposit of slightly more than $100,000.00 by Albert M. Mars in an account in Bankers Trust Savings and Loan styled "Joe M. Mars, Trustee for R.M.P.C... ."

The Court then proceeded to deny Mars' request to set aside the adoption decree in Case No. 611. The Court further held that the questioned bank account belongs to Mars and is not subject to any trust nor was it an inter vivos gift; that Mars must contribute to the support and maintenance of R.M.P.C. at $400.00 per month; that Mars pay Cooper's attorneys fees in the amount of $1,750.00; that Mars pay the sum of $2,000.00 to David M. Smith for his services as guardian ad litem and attorney for the minor; and that all costs of these proceedings be taxed to Mars.

Importantly, the Court held that Mars was "factually and legally" the father of R.M.P.C. This memorandum opinion was carried into effect by final judgment entered November 16, 1984. Following a plethora of post-trial motions and cost motions, Mars has perfected the instant appeal.

III.

A.

The core question presented on this appeal is whether the Chancery Court was correct when it refused to disturb the decree of adoption entered May 28, 1979. To be sure, that decree is an unusual one. It begins by finding as a fact that Albert M. Mars is the natural father of the child — a fact nowhere disputed in this record by anyone. It goes on to declare that the child is adopted by Albert M. Mars and Judith Ellen Cooper. Again, what is odd is that on the date of this decree, May 28, 1979, Mars and Cooper were not married to each other but each was married to another person. Mars was married to Mona Liesa Ladner Mars, that marriage having been perfected on May 4, 1979. Cooper was married to Sam P. Cooper, Jr., although she became divorced from him by Chancery Court decree entered two days later, May 30, 1979. Insofar as the record appears, Albert M. Mars and Judith Ellen Cooper have never been married to each other. In any event, the final decree of May 28, 1979, provides that R.M.P.C. is adopted by Albert M. Mars and Judith Ellen Cooper.

The May 28, 1979, decree became final. No appeal was taken therefrom. Insofar as the record reflects, there were simply no further proceedings in the matter.

The present problem begins over two years later. On June 8, 1981, Mars moved the Chancery Court for entry of an order vacating the May 28, 1979, decree for adoption. The Chancery Court denied that motion.

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512 So. 2d 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-adoption-of-rmpc-miss-1987.