714 P.2d 62 (Idaho App. 1986), 15171, Thompson v. Thompson

Docket Nº:15171.
Citation:714 P.2d 62, 110 Idaho 93
Opinion Judge:SWANSTROM,
Party Name:Judee Lynn THOMPSON, Natural Mother-Appellant, v. Jean THOMPSON, Petitioner-Respondent, and Patrick J. Kole, Guardian ad Litem, Petitioner-Respondent.
Attorney:Andrew C. Thomas, Caldwell, for natural mother-appellant. Debra Ann Heise, on appeal; Wayne Fuller, Caldwell, for petitioner-respondent, Jean Thompson, on rehearing. Patrick J. Kole, Boise, guardian ad litem, pro se.
Judge Panel:WALTERS, C.J., and BURNETT, J., concur.
Case Date:January 17, 1986
Court:Court of Appeals of Idaho
 
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714 P.2d 62 (Idaho App. 1986)

110 Idaho 93

Judee Lynn THOMPSON, Natural Mother-Appellant,

v.

Jean THOMPSON, Petitioner-Respondent,

and

Patrick J. Kole, Guardian ad Litem, Petitioner-Respondent.

No. 15171.

Court of Appeals of Idaho.

January 17, 1986

Andrew C. Thomas, Caldwell, for natural mother-appellant.

Debra Ann Heise, on appeal; Wayne Fuller, Caldwell, for petitioner-respondent, Jean Thompson, on rehearing.

Patrick J. Kole, Boise, guardian ad litem, pro se.

SWANSTROM, Judge.

The parental rights of Judee Thompson to her child were terminated after hearings in the magistrate division. She appealed to the district court, where the order of termination was affirmed. Judee appealed again, asserting that the district court erred in holding there was substantial and competent evidence to support the magistrate's ruling. We affirm the district court's order.

The child was born in June, 1979. Judee, who was seventeen at the time, has never revealed the identity of the child's father. Starting in mid-November, 1979, Judee left the child in the custody of Judee's mother, Jean Thompson. Because Jean was working steadily as a nurse, she employed Sandy Asperi as a baby-sitter. Before long Jean turned the full time care of the child over to Robert and Sandy Asperi in March, 1980. About that same time, Judee and a

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[110 Idaho 94] friend appeared at Jean's house and demanded that the child be returned to her. The confrontation was unpleasant and the police were summoned. The child remained with Jean.

On May 6, 1980, Jean filed a petition to be appointed guardian of the person of the child, alleging that Judee's conduct toward the child constituted neglect and abandonment. A temporary order granting legal custody of the child to Jean was entered the same day. However, when the petition was to be heard three weeks later, the temporary custody order was quashed without objection from Jean, and the hearing was postponed. Following this court appearance, Jean maintained custody of the child although the child was cared for by the Asperis except for a brief interval in October, 1980, when Judee took the child and left for California with a boyfriend. Ten days after they left Idaho, Judee telephoned her mother because she feared for the child's safety. Judee's boyfriend had been physically abusive to her and she was afraid the child might also be attacked. Jean and Sandy Asperi drove to California and returned with Judee and the child. Upon their return, Judee voluntarily relinquished the child to the full time care of the Asperis.

In January, 1981, a guardian ad litem was appointed for the child and a hearing was held to determine temporary legal custody. After taking testimony, the court awarded temporary custody to Jean but granted visitation rights to Judee. In April and again in July the "temporary" order was extended to continue the temporary guardianship and custody of the child in Jean.

In September a hearing was held at which time Judee stipulated that guardianship of the child could be in Jean, subject to review within six months. The actual custody of the child would remain with Robert and Sandy Asperi. During this hearing the magistrate took evidence to determine whether and to what extent Judee would have visitation rights. At the conclusion of the hearing, the court ordered that Judee be permitted unsupervised visitation with the child on Fridays of each week for a few hours. The record indicates Judee exercised her visitation rights fairly regularly.

A hearing for review of the guardianship order was scheduled for April 21, 1982. Prior to that date, two petitions for termination of parental rights, one by the guardian ad litem and one by Jean, were filed. These petitions then became the subject of the hearing held on April 21 and April 28, resulting in the magistrate's order terminating Judee's parental rights on the basis of neglect.

Idaho Code § 16-2005 provides six grounds for terminating parental rights. Section 16-2009 now...

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