Stockwell v. Stockwell

775 P.2d 611, 116 Idaho 297, 1989 Ida. LEXIS 93
CourtIdaho Supreme Court
DecidedJune 5, 1989
Docket17261
StatusPublished
Cited by48 cases

This text of 775 P.2d 611 (Stockwell v. Stockwell) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stockwell v. Stockwell, 775 P.2d 611, 116 Idaho 297, 1989 Ida. LEXIS 93 (Idaho 1989).

Opinions

HUNTLEY, Justice.

This case concerns custody of a child after a divorce. Some time in the summer of 1975 respondent (Patricia) conceived Amber. A few months later appellant (Dan) and Patricia began dating. On April 4th of 1976 Amber was bom to Patricia. On June 4th of the same year Dan and Patricia were married. At Patricia’s direction, Dan’s name was placed on Amber’s birth certificate as her father. March 13,1978 marked the birth of Dan and Patricia’s daughter, Danielle.

On August 3, 1984, Patricia filed for divorce and in her pleading she stated that both children were children of the marriage (even though Amber was born before the marriage and was not Dan’s natural child). Prior to disposition of Patricia’s complaint for divorce, Patricia and Dan consented to Dan's parents' guardianship of both girls, both agreeing that such guardianship would be in the best interests of the girls. On June 7, 1985, Patricia’s divorce complaint was granted. The decree which was entered, however, did not provide for the care, custody or support of Amber and Danielle. Subsequent to the entry of the divorce decree both Patricia and Dan became remarried to other persons. Patricia married Rick Porter and they resided in Canyon County, Idaho. Dan married Rhonda Stockwell and they lived in Portland, Oregon.

On July 18, 1985, Patricia petitioned to terminate the guardianship which had been vested in Dan’s parents. On October 21, 1985, there was a hearing on the custody of the girls. The magistrate division entered its Findings of Fact and Conclusions of Law Nunc Pro Tunc on March 14, 1986 to be effective as of October 21, 1985. The Findings and Conclusions included the resolution that the guardianship in the paternal grandparents be terminated. Further, the order entrusted care and custody of the girls to Patricia and granted rights of visitation with both Danielle and Amber to Dan. The judge declined to require Dan to pay support for Amber stating that “no legal basis to impose such” support payments could be found. Further, the Findings and Conclusions ordered that reasonable visitation rights with both children be granted to Dan’s parents. Finally, the court admonished all the parties not to reveal Amber’s parentage to her. In January of 1986, Dan returned to Canyon County from Portland, Oregon and he pressed for his visitation rights. In March of 1986 Patricia and Rick fled Idaho with both girls and went to Connecticut without leaving a forwarding address with Dan or with the girls’ school. Once in Connecticut, Patricia and Rick changed the girls’ names in the [299]*299Connecticut schools. In the spring of 1986, Dan found the girls in Connecticut after searching for several months.

On July 1, 1986, a second set of Conclusions of Law was entered and in this document the magistrate stated that Patricia’s conduct, in leaving the state with the girls, was so pernicious to the parent/child relationship which Dan had established with Danielle that a substantial, material and permanent change of circumstances had occurred which warranted changing the custody of Danielle from Patricia to Dan. The magistrate declined to change Amber’s custody from Patricia to Dan but he did order that Patricia return Amber to Dan in Idaho as enforcement of his visitation order regarding an extended visit which was to have occurred from the 15th of June through the 15th of August.

In August of 1986, the Connecticut court entered an order enforcing the magistrate’s July 1, 1986 order and Dan brought both girls back to Idaho. On January 13 and 14 of 1987 the court held a hearing regarding a change of both girls’ custody from Patricia to Dan and it received evidence relevant to the best interests of Amber and Danielle. The court found that the best interests of Danielle would be served by changing her custody to Dan even though this would necessitate the first separation of the girls in their lives. The court found that this separation would be necessitated because it had no authority to place Amber in Dan’s custody since Dan was neither natural nor adoptive parent of Amber.

The court stated that the most compelling consideration motivating its decision was its belief that if Danielle were placed with Patricia, Dan would never be able to see her again. In February of 1987, the magistrate entered an order which placed Danielle in Dan’s custody and Amber in Patricia’s custody. On the 17th of December, 1987, the district court judge entered a decision affirming the magistrate’s ruling regarding custody of Amber. Despite the legal ruling regarding custody of Amber, she has remained in Dan’s custody since August of 1986, pursuant to a stay of the order giving Patricia custody. Danielle has been placed in Dan’s residential and physi cal care and custody pursuant to the February 24, 1987 decision of the magistrate. Thus, both girls have been in Dan’s custody since August of 1986 in addition to having been in his shared custody prior to Patricia and Dan’s separation (excluding, of course, the period during which the children were under Dan’s parents’ guardianship). Dan is appealing the rulings providing for placement of Amber in Patricia’s custody.

The paramount consideration in any dispute involving the custody and care of a minor child is the child’s best interests. I.C. § 32-717. In custody disputes between a “non-parent” (i.e., an individual who is neither legal nor natural parent) and a natural parent, Idaho courts apply a presumption that a natural parent should have custody as opposed to other lineal or collateral relatives or interested parties. This presumption operates to preclude consideration of the best interests of the child unless the nonparent demonstrates either that the natural parent has abandoned the child, that the natural parent is unfit or that the child has been in the nonparent’s custody for an appreciable period of time.

The long standing rule in Idaho is that the welfare of the child is of primary consideration in determining custody rights in children. In the implementation of this rule, this Court has consistently applied the presumption that a natural parent should have custody of his child as opposed to other lineal or collateral relatives or interested parties. The facts at bar, .through Ewing’s showing of natural parentage, establish in the appellant a prima facie case for custody. The burden therefore shifts to the respondent to prove that Terrence Ewing has forfeited his rights. Such proof requires a showing of clear, satisfactory, or convincing evidence that the parent is patently unfit or has abandoned his child, or as in the factual situation at bar, where an adverse party has custody of the child for an appreciable period of time (in excess of three years), the best interests of the child dictate custody being placed with [300]*300the adverse party if the facts show he is better fitted to raise the child than the natural parent.
Where an adverse party has had custody of a child for an appreciable period of time, in this case over four years,' the custody of the child will be left with that party if the best interests of the child so dictate. Such a finding is proper if the adverse party is shown to be better fitted to raise the child than the natural parent. As such, we reject the appellant’s argument that only a mandatory showing of abandonment or patent unfitness will suffice to overcome a natural parent’s right.

In re Ewing, 96 Idaho 424, 425-27, 529 P.2d 1296, 1298 (1974). In McGregor v. Phillips,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Murray v. Dalton
Idaho Supreme Court, 2024
Glatte v. Hernandez
512 P.3d 1104 (Idaho Supreme Court, 2022)
IDHW v. Jane Doe Substitute
Idaho Court of Appeals, 2022
IDHW v. Jane Doe
Idaho Court of Appeals, 2022
Gatsby v. Gatsby
495 P.3d 996 (Idaho Supreme Court, 2021)
Nelson v. Evans
464 P.3d 301 (Idaho Supreme Court, 2020)
Michael W. v. Brown
433 P.3d 1105 (Alaska Supreme Court, 2018)
Jane Doe v. Jane Doe I
395 P.3d 1287 (Idaho Supreme Court, 2017)
Nancy J. Shepherd v. John M. Shepherd
383 P.3d 693 (Idaho Supreme Court, 2016)
Hernandez v. Hernandez
265 P.3d 495 (Idaho Supreme Court, 2011)
RE: Guardianship of minor children
Idaho Supreme Court, 2011
Doe v. Doe
247 P.3d 659 (Idaho Supreme Court, 2011)
Debbie L. v. Galadriel R.
2009 NMCA 007 (New Mexico Court of Appeals, 2008)
Fish v. Fish
939 A.2d 1040 (Supreme Court of Connecticut, 2008)
McDermott v. Dougherty
869 A.2d 751 (Court of Appeals of Maryland, 2005)
McGriff v. McGriff
99 P.3d 111 (Idaho Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
775 P.2d 611, 116 Idaho 297, 1989 Ida. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stockwell-v-stockwell-idaho-1989.