Peggy v. Michael

850 S.W.2d 64
CourtSupreme Court of Missouri
DecidedMarch 23, 1993
DocketNo. 75081
StatusPublished
Cited by1 cases

This text of 850 S.W.2d 64 (Peggy v. Michael) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peggy v. Michael, 850 S.W.2d 64 (Mo. 1993).

Opinion

PRICE, Judge.

This matter involves an attempt by Respondents Michael and Becky to adopt a baby girl born July 23, 1990, at 1:24 p.m. at Twin Rivers Regional Medical Center (Medical Center) in Kennett, Missouri. Appellant Peggy, the natural mother, sought to withdraw or invalidate her consent to the adoption and regain custody of the child. She filed her petition in the Circuit Court of Dunklin County, Missouri, the county where the child was born, where physical (not legal) custody of the child was transferred, and where Peggy resides with Dennis, the putative father of the child. The circuit court denied Peggy’s request solely upon its determination that she validly consented to the transfer of custody of the child to Michael and Becky.

Peggy then appealed to the Court of Appeals, Southern District, which held that Missouri courts lack jurisdiction to order transfer of custody or to set aside consent to an adoption where the child is not in the custody of the mother and is not physically present in Missouri. We disagree.

The facts and circumstances of this case are unusual. There is nothing in the record to indicate that any of the parties involved had anything but the best intentions in mind for the child. Nonetheless, their actions failed to comply with the laws enacted by Missouri’s legislature concerning the transfer of custody of children born in this state, specifically § 453.110, RSMo Supp.1992.1 In such situations, the statute vests jurisdiction in the county where the improper transfer of custody occurred. The statute requires that an investigation and report be made and that the court enter a custody order based upon the child’s best interests. Accordingly, we remand this matter to the Circuit Court of Dunklin County for such an investigation [66]*66to be made and an appropriate order entered.2

I.

Peggy was 38 years old when she gave birth to a baby girl. Because of her age, she was concerned about an increased risk of the baby being born mentally retarded or with Down’s Syndrome. Her anxiety was heightened by the fact that Dennis had a nephew with Down’s Syndrome. After complications during her pregnancy, Peggy’s physician believed that the child might be stillborn.

On the day of the birth, Peggy expressed her worries to the nurse monitoring her contractions in the labor room. Peggy explained that she did not think she could handle a baby under those circumstances. Despite Peggy’s apprehension, she gave birth to a healthy baby girl at 1:24 p.m. on July 23, 1990.

At approximately 5:00 p.m., July 23, 1990, Geraldine Looney, Director of Nursing at Twin Rivers, placed a long-distance telephone call to Michael at his home in Pocahontas, Arkansas, to tell him about the baby. Michael worked as a nursing supervisor at the Medical Center. It was generally known at the Medical Center that Michael and his wife, Becky, wanted to adopt a baby girl the next time one was available.

Michael then called Joanne Burton, the social worker assigned to the hospital, to see if she had additional information about the child. She told him that they had not been able to get a commitment from the mother. Michael asked Burton to speak to the mother on his behalf about arranging a private adoption.

Michael and Becky called their Arkansas attorney that evening about arranging an adoption. The next morning, Michael picked up a consent form from his attorney and took it to the Medical Center for Peggy to sign.

Michael arrived at the Medical Center with the consent form at 10:30 a.m. on July 24, 1990. He met with Burton and asked that she obtain Peggy’s consent and signature. Approximately 20 to 30 minutes later, Burton returned with the consent form signed and notarized. Burton and Looney then agreed they would have the child discharged to Michael and Becky later that afternoon. The child was turned over to them at 5:15 p.m. by a nursery nurse. Michael and Becky then returned home to Arkansas. A petition for transfer of custody was never filed prior to the actual physical transfer of custody. The following day, July 25, 1990, Michael and Becky filed a petition for adoption in the Probate Court of Randolph County, Arkansas.

On July 26, 1990, Peggy contacted an attorney at Southeast Missouri Legal Aid with whom she met on August 1, 1990. She wanted the return of her child. Her attorney telephoned Michael and Becky’s attorney requesting that the child be returned. On August 2, 1990, Peggy learned that the couple was unwilling to return the child. An objection to adoption was filed on August 7,1990, in the Arkansas court to revoke Peggy’s consent. It was also alleged that the Arkansas court lacked jurisdiction.

The Arkansas proceedings were stayed until Michael and Becky “comply with Missouri law pertaining to the adoption and transfer of custody of the minor child.” The court also ordered the couple to “immediately file an action in Missouri to comply with the Missouri laws and do this without unnecessary delay.” The couple, however, did not file an action in Missouri.

Peggy filed her petition in the Circuit Court of Dunklin County specifically requesting that her consent be revoked or invalidated and that custody of the child be returned to her. After a hearing, the circuit court entered a thorough seven page written decision stating its findings of fact and law and denied Peggy’s request for relief. The following findings are of particular significance:

5. Further, the Court finds that neither the fact that Petitioner’s written consent was executed, or that physical custody was transferred, during the for[67]*67ty-eight hour period following the birth of the child leads to the conclusion that the consent is void or is required to be set aside. R.S.Mo. 453.030 clearly provides that “consent may be executed at anytime subsequent to the birth of a child ...”
6. The Court finds and concludes that in this proceeding the burden is upon Petitioner to establish good cause for the withdrawal of consent to adoption and that Petitioner fails to sustain her burden of proof. The Court finds that Petitioner was legally capable of giving her consent to adoption herein during all relevant times and that she did so knowingly and voluntarily and not by reason of any direct or indirect fraud or duress and that she now merely has attempted to change her mind.
7. Further, the Court finds that neither the rights or the status of Dennis [ ] are at issue in this proceeding.3
8. Further, the Court finds that transfer of custody is not at issue in this proceeding and it has no authority to here make an award of custody, or order of transfer of custody.
9. Further, the Court finds that in this proceeding it does not, and has not attempted to, determine the ultimate fitness of the parties or the best interest of the child.

Peggy appealed to the Court of Appeals, Southern District. It reversed and remanded to the trial court with instructions that the petition be dismissed for lack of jurisdiction. Michael and Becky continue to have physical custody of the child.

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Related

In Re Baby Girl ____
850 S.W.2d 64 (Supreme Court of Missouri, 1993)

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Bluebook (online)
850 S.W.2d 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peggy-v-michael-mo-1993.