Meinders v. Middleton

572 S.W.3d 52
CourtMissouri Court of Appeals
DecidedApril 18, 2019
Docket2018-SC-000251-DGE
StatusPublished
Cited by8 cases

This text of 572 S.W.3d 52 (Meinders v. Middleton) 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
Meinders v. Middleton, 572 S.W.3d 52 (Mo. Ct. App. 2019).

Opinion

OPINION OF THE COURT BY JUSTICE LAMBERT

This is a case concerning the custody of one child, CJS.1 Appellant Rhiannon Scronce2 appeals the Court of Appeals' decision reversing the McCracken Circuit Court's finding that Rhiannon qualified as CJS's de facto custodian under KRS3 403.270. The following issues are also presented to us in this appeal: (1) may the time period required to gain de facto custodian status under KRS 403.270 be aggregated, or must it be continuous?; (2) what constitutes the commencement of a legal proceeding to toll the de facto custodian time requirement under KRS 403.270 ?; and (3) is a putative father who has taken no steps to establish paternity beyond obtaining a DNA test a "parent" for the purposes of KRS 403.270 ? For the following reasons, we affirm in part and reverse in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

The facts surrounding this case are somewhat complicated and tremendously unfortunate. CJS was born in December of 2014. When CJS's mother, Jasmine Shoales, discovered she was pregnant she let Rhiannon and Dixie Meinders believe that Caleb Scronce was the child's father. Caleb is Rhiannon's brother and Dixie's son. Jasmine kept up this ruse throughout her pregnancy and for nearly a year after CJS was born.

In September of 2015, Dixie, still believing she was CJS's paternal grandmother, filed a dependency, neglect, and abuse petition and requested emergency custody (the "J" case). During the hearing on the petition, the trial court found that Jasmine's home had environmental issues with trash, insects, cleaners, and cigarette butts in reach of CJS. The court also found that Jasmine failed to give CJS an antibiotic that had been prescribed to him, and that the child was asthmatic, who was being exposed to cigarette smoke within the *55home. At the final adjudication hearing on November 5, 2015, the court granted temporary custody to Rhiannon and Dixie. CJS would reside with Rhiannon in Lexington and visit Dixie in Paducah.4 Jasmine did not appear at this hearing, and Caleb was incarcerated at that time. For some reason, the court also relieved the Cabinet of involvement at this stage of the proceedings, presumably because the Cabinet did not have custody.5

Four days after Rhiannon and Dixie received temporary custody of CJS through the combined adjudication and disposition hearing,6 Jasmine filed two motions. One requested that the adjudication hearing be reset because she claimed she got the court date confused with other appointments and missed the hearing. The second motion requested a paternity test for Keith Middleton, the man we now know is CJS's actual biological father. The court ordered DNA testing, to be paid for by the mother, and set the next court date for December 10th. Due to the delay of the DNA results, the review was continued until January.

During the January hearing, DNA results confirming that Keith is CJS's father were presented and recognized by the court. Keith requested visitation, but the court denied his request citing the fact that he is a Missouri resident and the court "knew nothing about him." Instead, the court ordered a home study on Keith under the Interstate Compact for the Placement of Children.7 This study never occurred. The final adjudication date was set for May 5, 2016.

On April 29, 2016, Keith moved to transfer custody. However, it became clear during the May 5th hearing that Dixie and Rhiannon were unwilling to relinquish their custody. Therefore, the parties and the court agreed that Keith would begin visitation with CJS and gradually receive more visitation time to "see how things go."8 Jasmine did not attend this hearing, and the court suspended her visitation rights.

In September of 2016, Keith filed a separate civil action in Circuit Court seeking custody of CJS (the "CI" case). Rhiannon and Dixie filed a Response and Counter Petition for custody. As McCracken County has a family court, both cases were assigned to the same judge. On January 3, 2017, an Agreed Order was entered joining the "J" case and the "CI" case, and a final hearing date was set for May of 2017.

During the May 2017 hearing, the court heard testimony from Keith, Dixie, Rhiannon, and Tony Harris, a licensed counselor who testified on. Keith's behalf. Jasmine was again absent. The court, relying on Spreacker v. Vaughn, 397 S.W.3d 419 (Ky. App. 2012), found:

*56that as the child was never placed by the Cabinet and as the child is under 3 years of age, the length of time necessary to establish de facto custodianship is six (6) months. The court finds specifically that the child has resided with RHIANNON for more than (6) months prior to the filing of MR. MIDDLETON'S petition for custody, as MR. MIDDLETON did not commence a separate action to regain custody of his child as required by KRS 403.270(1)(a) to toll the (6) month period until his filing of September 6, 2016.

Rhiannon was therefore granted custody. Keith received two daytime visitations per month, and a minimum of four hours of visitation anytime Rhiannon was in Paducah with the child.

Keith appealed the custody order, and the Court of Appeals reversed. The Court of Appeals, relying on Heltsley v. Frogge, 350 S.W.3d 807 (Ky. App. 2011), found that Keith's April 29, 2016, motion to transfer custody was sufficient to toll the time required for Rhiannon to gain de facto custodian status. It therefore found that Rhiannon did not qualify for de facto custodian status and reversed the circuit court. This appeal followed.

Additional facts are discussed below as necessary.

II. ANALYSIS

Addressing the primary issue in this case, i.e. whether Rhiannon qualified as a de facto custodian, allows us to clear up some confusion surrounding KRS 403.207 and its corresponding case law. Namely: (1) whether the time period required for de facto status must be continuous; and (2) what constitutes the commencement of a legal proceeding sufficient to toll the time required for de facto status. These are questions of law and are therefore subject to de novo review. Cherry v. Carroll,

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Cite This Page — Counsel Stack

Bluebook (online)
572 S.W.3d 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meinders-v-middleton-moctapp-2019.