Carlson v. Carlson, No. 2098--II
| Court | Court of Appeals of Washington |
| Writing for the Court | PETRIE |
| Citation | 16 Wn.App. 595,558 P.2d 836 |
| Docket Number | No. 2098--II |
| Decision Date | 28 December 1976 |
| Parties | Leone F. CARLSON, Respondent, v. Christine L. CARLSON, now Christine Spark and Geoffrey Spark, Individually and as husband and wife, Appellants. |
Page 595
v.
Christine L. CARLSON, now Christine Spark and Geoffrey
Spark, Individually and as husband and wife, Appellants.
George S. Kelley, Skoog & Mullin, Tacoma, for appellants.
Charles M. Granoski, Jr., Betzendorfer & Deutscher, Tacoma, for respondent.
Page 596
PETRIE, Chief Judge.
This is an appeal by a mother and an adoptive father from an order allowing their child's maternal grandmother limited visitation rights with her granddaughter. The primary question presented is whether, pursuant to the provisions of RCW 26.09.240, a maternal grandparent may be granted visitation privileges over the objection of the child's natural mother and adoptive father.
Appellant Christine Spark (nee Carlson) gave birth to an illegitimate child on November 23, 1971. For the next two years, the child's maternal grandmother (respondent) cared for the child during working hours. In 1974, respondent-grandmother obtained an order in a California court granting her limited visitation rights. Appellants moved to Tacoma and were married following Mr. Spark's return from England after obtaining a divorce from his wife in that country. On December 11, 1974, respondent obtained an order in Superior Court for Pierce County granting full faith and credit to the California visitation order. Mr. Spark was awarded a stepparent adoption in May 1975.
In July 1975 respondent sought to enforce her visitation rights. Appellants countered by arguing for a modification of the December 11, 1974 order, based upon alleged change of circumstances: the adoption of [558 P.2d 837] the child by Mr. Spark. Appellants sought to deny the grandmother any visitation rights whatsoever.
The trial court found, among other things, that following Mr. Spark's adoption of the child, the respondent was prevented by the appellants from visiting the child pursuant to the December 11, 1974 order; that appellants were fit parents and there was no evidence of neglect or abuse of the child; that a great deal of friction and bitterness existed between Mrs. Spark and the respondent; that close ties of love and affection existed between the child and respondent as the result of a normal grandchild-grandmother relationship; and that it was in the child's best interests to continue the grandmother's privilege to visit the child.
The trial court concluded that due to a...
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Custody of Smith, In re, STILLWELL-S
...circumstances, such as death of one or both parents or termination of the nuclear family unit. Carlson v. Carlson, 16 Wash.App. 595, 597, 558 P.2d 836 The following year, the Legislature amended RCW 26.09.240 to read: "The court may order visitation rights for any person when visitation may......
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Whitaker, In re, No. 87-973
...520 S.W.2d 522; In re Custody of Thompson (1983), 34 Wash.App. 643, 663 P.2d 164; Carlson v. Carlson (1976), 16 Wash.App. 595, 558 P.2d 836; Weichman v. Weichman (1971), 50 Wis.2d 731, 184 N.W.2d 882; Nation v. Nation (Wyo.1986), 715 P.2d 3 "Sociological literature has documented and analyz......
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Strouse v. Olson, No. 15070
...687-88 (1952); Commonwealth v. Sharp, 151 Pa.Super. 612, 616, 30 A.2d 810, 812 (1943); and Carlson v. Carlson, 16 Wash.App. 595, 596-98, 558 P.2d 836, 837-38 Here, the settled record evidences severe ill feelings, bitterness, and animosity between Richard and Olson. These bad feelings are h......
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Bopp v. Lino, No. 24397
...(reversing lower court's grant of visitation rights to [110 Nev. 1250] paternal grandparents); Carlson v. Carlson, 16 Wash.App. 595, 558 P.2d 836 (1976) (state law did not authorize the court to grant visitation rights to maternal In recent years, however, statutes regarding grandparental v......
-
Custody of Smith, In re, STILLWELL-S
...circumstances, such as death of one or both parents or termination of the nuclear family unit. Carlson v. Carlson, 16 Wash.App. 595, 597, 558 P.2d 836 The following year, the Legislature amended RCW 26.09.240 to read: "The court may order visitation rights for any person when visitation may......
-
Whitaker, In re, No. 87-973
...520 S.W.2d 522; In re Custody of Thompson (1983), 34 Wash.App. 643, 663 P.2d 164; Carlson v. Carlson (1976), 16 Wash.App. 595, 558 P.2d 836; Weichman v. Weichman (1971), 50 Wis.2d 731, 184 N.W.2d 882; Nation v. Nation (Wyo.1986), 715 P.2d 3 "Sociological literature has documented and analyz......
-
Strouse v. Olson, No. 15070
...687-88 (1952); Commonwealth v. Sharp, 151 Pa.Super. 612, 616, 30 A.2d 810, 812 (1943); and Carlson v. Carlson, 16 Wash.App. 595, 596-98, 558 P.2d 836, 837-38 Here, the settled record evidences severe ill feelings, bitterness, and animosity between Richard and Olson. These bad feelings are h......
-
Bopp v. Lino, No. 24397
...(reversing lower court's grant of visitation rights to [110 Nev. 1250] paternal grandparents); Carlson v. Carlson, 16 Wash.App. 595, 558 P.2d 836 (1976) (state law did not authorize the court to grant visitation rights to maternal In recent years, however, statutes regarding grandparental v......