Smith v. Holt

225 N.W.2d 906, 1975 Iowa Sup. LEXIS 941
CourtSupreme Court of Iowa
DecidedFebruary 19, 1975
Docket2-56996
StatusPublished
Cited by2 cases

This text of 225 N.W.2d 906 (Smith v. Holt) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Holt, 225 N.W.2d 906, 1975 Iowa Sup. LEXIS 941 (iowa 1975).

Opinion

McCORMICK, Justice.

The question in this child custody appeal is whether Anita Jean Smith should be in the custody of her paternal grandparents or her maternal grandmother and step-grandfather. The trial court awarded her custody to the paternal grandparents. We reverse because we believe the record shows the other grandparents can minister more effectively to her long-range best interest.

Anita is nine. She was born January 22, 1966. Her parents Jerry Lee Smith and Verjean Evans Smith were married a few hours before Anita was born. Jerry was then 21; Verjean was 16.

Jerry and Verjean separated in January 1969 and were divorced in 1970. Verjean received Anita’s custody. Later the parents each entered new marriages which ended in divorce. Verjean received custody of a daughter from her second marriage. On October 13, 1973, Verjean and that daughter died as the result of a fire in their home in Des Moines. Anita was out of the home at the time, spending the night with defendants Alberta and David Holt, her maternal grandmother and step-grandfather (“the Holts”).

This case started as a habeas corpus action by Jerry to obtain custody of Anita from the Holts. Jerry’s parents, Joe B. and Mabel L. Smith (“the Smiths”), intervened in Jerry’s behalf. They asked for custody of Anita if Jerry did not receive it.

The case was tried and decided in November 1973. The trial court found that Jerry should not have Anita’s custody. Noting difficulty in choosing between the two sets of grandparents, the court decided in favor of the Smiths. The Holts were given visitation rights with Anita. Jerry was ordered to pay child support to his parents. The Holts appealed, but Jerry did not.

We recently enumerated factors to be considered in deciding competing custodial claims. In re Marriage of Winter, 223 N.W.2d 165, 166-167 (Iowa 1974). Although those factors were listed in the context of a parental custody dispute, they are also applicable when the competing parties are grandparents.

Upon our de novo review we must decide what custodial award will best serve Anita’s long-range interest in light of those factors under the record in this case.

The record shows that this custody dispute is the latest in a series of traumatic events experienced by Anita during her young life. Her parents’ marriage was rocky and unstable from the beginning. They had frequent disagreements. Also, Jerry did not get along with Verjean’s father Ed Evans or the Holts. After a short time he ordered Verjean not to see them any more.

For about a month after the marriage, Jerry, Verjean and Anita lived with the elder Smiths. A disagreement occurred, and Jerry’s parents asked them to leave. Jerry and Verjean moved to an apartment, leaving Anita with Jerry’s parents. Anita lived with them until her parents separated in January 1969. During the three years *908 they were together neither Jerry nor Verje-an accepted parental responsibilities. Ver-jean took Anita when the parties separated.

For a few weeks after the separation Verjean and Anita lived with Ed Evans. Then they moved in with the Holts for several months while Verjean took some courses to obtain a high school equivalency certificate. In June 1969 Verjean and Anita moved to Florida. They stayed there about 16 months. It was there that Verje-an entered her second marriage. When it foundered she returned to Iowa. She and Anita stayed with the Holts for a couple of weeks until she found an apartment. From October 1970 until March 1972 Verjean maintained a home for Anita and her second daughter, after her birth.

Verjean took some business courses and held occasional jobs. She suffered from depression. She and her daughters vacationed in Florida for about six weeks in the summer of 1971. Upon her return she continued in about the same pattern of activity as before. Both the Smiths and Holts saw Anita about twice a week.

In March 1972 Verjean entered a hospital in Des Moines after a drug overdose and received treatment for emotional problems. She remained there about four months. During that period the Smiths took care of Anita. Although she was in kindergarten they held her out of school and kept her under constant watch for fear the Holts or someone else would seek to gain possession of her. There is no evidence of any basis for this apprehension. About this time the Smiths considered filing or filed an application in Jerry’s name to have Anita’s custody shifted to him. They later abandoned this course of action upon advice of counsel. The Smiths relinquished Anita to Verjean when she was discharged from the hospital.

Verjean did well during the 18 months prior to her death. She finished her education for secretarial work, worked steadily as a secretary, cared for her children, and seemed to be making an excellent adjustment. During that period she and the children frequently visited the Holts, and she permitted the Smiths to exercise visitation with Anita.

As would be expected these experiences left their mark on Anita. In early 1973 Verjean observed Anita was depressed. School authorities reported she was having trouble getting along with the other children and became upset and easily discouraged in schoolwork. Verjean believed the Smiths were too permissive with Anita and were undermining her relationship with her. In about March 1973 Verjean sought assistance from the Des Moines Child Guidance Center, a private agency which, among other services, provides specialized professional treatment for children with emotional problems.

Anita was found to be in need of treatment. In addition to emotional distress she suffered from a peptic ulcer which was deemed to be psychophysiological in origin. Her treatment started in July 1973. By the time of Ver jean’s death, she and Anita were getting along quite well, and Anita was overcoming her problems.

After Verjean’s death, the Child Guidance Center was asked by the court to assist in resolving the custody problem. An evaluation of Anita was obtained. The Holts were examined and evaluated. The Smiths declined to see the agency on advice of counsel.

The evaluation of Anita included a detailed discussion of her characteristics and needs. See In re Marriage of Winter, supra, at 166. She was described by the treating social worker as a bright and attractive child, then seven years old. The social worker noted she was also an anxious, needy and depressed child, who had long been a subject of dispute among the adults in her life. He asserted she had adopted a manipulative and demanding quality in her relationship with adults, consistently raising the question by her behavior of who would parent her. He said that after her mother’s death this became an obsession with Anita, who feared she would *909 have to make the decision, did not want to do so, and feared rejection by the adults she would not select.

The social worker concluded Anita needs a set of parenting persons with clearly defined authority and responsibility who would respond to her in a caring and supportive manner without treating her as overly-fragile and delicate and without babying her.

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Related

Smith v. Holt
240 N.W.2d 644 (Supreme Court of Iowa, 1976)
In the Interest of Rice
236 N.W.2d 40 (Supreme Court of Iowa, 1975)

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Bluebook (online)
225 N.W.2d 906, 1975 Iowa Sup. LEXIS 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-holt-iowa-1975.