State Ex Rel. Deason v. McWilliams

81 So. 2d 8, 227 La. 957, 1955 La. LEXIS 1319
CourtSupreme Court of Louisiana
DecidedApril 25, 1955
Docket42085
StatusPublished
Cited by25 cases

This text of 81 So. 2d 8 (State Ex Rel. Deason v. McWilliams) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Deason v. McWilliams, 81 So. 2d 8, 227 La. 957, 1955 La. LEXIS 1319 (La. 1955).

Opinions

HAWTHORNE, Justice.

This is a habeas corpus proceeding in which relators, Mr. and Mrs. Hubert M. Deason, seek the custody of a minor child born to them on October 6, 1953. This, suit was instituted on April 7, 1954, against respondents, Mr. and Mrs. Maurice W. McWilliams, who had had custody of the child from the time he was a few days old. After trial on the merits the lower court by order continued the custody of the minor child in respondents and rejected relators’ demands at their costs. From this judgment they have appealed.

As this is a habeas corpus proceeding, the custody of the' child is the sole issue to be decided by this court. We have consistently held that, although parents have a paramount right to the custody of their minor child, this right is not an absolute one and must yield to the superior right of the State to deprive a parent of the [960]*960custody, of his child if the best interest and welfare of the child require it. State ex rel. Guinn v. Watson, 210 La. 265, 26 So.2d 740; State ex rel. Graham v. Garrard, 213 La. 318, 34 So.2d 792, and cases therein cited; State ex rel. Mouton v. Williams, 222 La. 457, 62 So.2d 641. In State ex rel. Harris v. McCall, 184 La. 1036, 168 So. 291, 292, this court said:

“Although parents have a natural right to the custody of their children, nevertheless the state has an interest in children which goes beyond the mere parental right. In all cases involving their custody, the welfare of the children must be considered, and should prevail over the mere parental right to their possession. State ex rel. Dartez v. Dartez, 154 La. 722, 98 So. 164; State ex rel. Peter v. Stanga, 161 La. 978, 109 So. 783; Davis v. Willis, 169 La. 13, 124 So. 129; State ex rel. Stockstill v. Spiers, 170 La. 454, 128 So. 275.”

As we pointed out in State ex rel. Guinn v. Watson, supra, the courts of this state have invariably followed the rule that the welfare of the child is of paramount importance in' determining who is entitled to its custody in a case of this kind. Cited In support of this proposition were the cases of State ex rel. Castille v. Cooke, 183 La. 404, 164 So. 153; State ex rel. Harris v. McCall, supra; State ex rel. Lasserre v. Michel, 105 La. 741, 30 So. 122, 54 L.R.A. 927; Ex parte Ryan, 126 La. 449, 52 So. 573; State ex rel. Peter v. Stanga, 161 La. 978, 109 So. 783; Davis v. Willis, 169 La. 13, 124 So. 129; State ex. rel. Stockstill v. Spiers, 170 La. 454, 128 So. 275. See also Green v. Paul, 212 La. 337, 31 So.2d 819. Moreover, it was recognized in State ex rel. Martin v. Garza, 217 La. 532, 46 So.2d 760, that by his conduct a parent can forfeit his parental right to the custody of his child.

Mr. and Mrs. Deason were married in Leesyille, Louisiana, in 1948, and have made their home there ever since. After the birth of their third child they decided they did not want any more children, and Mrs. Deason had an operation performed to render her sterile. When in spite of this she became pregnant again, she concealed her pregnancy from everyone except her husband, even from her mother and the other members of her family who lived in the same community. About this time Mr. Deason joined the Navy and left Lees^ ville. Some three months before the birth ,of this fourth child, Mrs. Deason discussed privately with certain persons in Leesville the matter of placing, her unborn baby with- someone else to rear. With her hus.band’s knowledge and approval she decided to give the unborn baby to Mr. and Mrs. McWilliams, who had no children of their own and were anxious to adopt one. Mrs. Deason impressed on the McWilliams that they were to keep secret from everyone, especially her relatives and friends, the fact that she was the real mother of the child. When the birth of the baby drew near, Mrs. Deason told her -friends and rela[962]*962lives that she was going to the hospital to have a tumor removed. The baby was delivered by caesarian section in a hospital in Leesville and was almost immediately given to Mr. and Mrs. McWilliams without his mother ever seeing him. As they had agreed to do, Mr. and Mrs. McWilliams paid all hospital and medical expenses and doctor’s bills incurred in connection with the birth of this child, even though the mother and father were not in destitute circumstances and were themselves financially able to pay these expenses.

On October 8, two days after the birth of the baby, who was given the name Larry Wayne Deason, Mrs. Deason executed an authentic act of surrender in favor of the respondents, in which she surrendered to them all of her rights with respect to the child, and acknowledged that she delivered the care, custody, and control of the child to the respondents for the purpose of adoption. On October 10 a similar act was executed by her husband, who was stationed in South Carolina with the Navy.

About a month later Mrs. Deason, who had temporarily joined her husband in South Carolina, wrote Mrs. McWilliams that her family would cause trouble if the baby’s real parentage ever became known. The letter reads as follows:

“Nov. 12, 1953
“Charleston, S. C.
“Dear Mrs. McWilliams,
“I wanted to call you before I left to .tell .you this, but didn’t get the chance, so I hope you don’t mind my writing. There were quite a few rumors going around home before I left about me giving my baby to you, but I convinced everyone it wasn’t me. Obviously, someone talked & from what I could find out it was your sister-in-law, Mrs. Baggett. I told that a Mrs. Beason had a baby while I was there & that you might have gotten it, but that I knew nothing about it. So if anyone ever asks you if the baby was ours, don’t ever mention our name. Use some other name, but for your own sake, please don’t use ours. It’ll only cause trouble so always deny it. Keep using the Beason name if you wish, but if it ever becomes a fact that the baby was ours, my family will cause you trouble. I know the baby has a good home & both my husband & I are satisfied with the arrangement, but it mustn’t become a fact that you got the baby from us. The talk has probably died down now since I’m back here, but I just wanted to tell you this, in case any of my folks should come to you. Please deny any connection with us.
“Sincerely — Mrs. Hubert Deason”

In spite of Mrs. Deason’s efforts to keep the birth of the child a secret, news of what had happened leaked out, and Mrs. Deason’s mother called on Mrs. McWilliams to see the baby. Her testimony reflects that she was terribly distressed and humili[964]*964ated by the fact that her grandchild had been given away to strangers.

Mrs. Deason, informed of her mother’s visit to Mrs. McWilliams, wrote to the attorney in Leesville who had introduced her to Mrs. McWilliams. In this letter she said that she thought she had made it plain to the McWilliams that she did not want her parents or any of her relatives to know about the baby but that apparently she had not made it plain enough. She stated that she had heard from her mother that members of her family had seen the papers which she had signed surrendering the child to the McWilliams, that she was not going to lie to her parents any further about it and had told them the truth. In this letter Mrs.

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State Ex Rel. Deason v. McWilliams
81 So. 2d 8 (Supreme Court of Louisiana, 1955)

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Bluebook (online)
81 So. 2d 8, 227 La. 957, 1955 La. LEXIS 1319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-deason-v-mcwilliams-la-1955.