In re Snow's Adoption

• Decision Date: 04 May 1931
• Citation: 41 S.W.2d 627,226 Mo.App. 340
• Parties: IN RE ADOPTION BILLY GENE SNOW; FRED WILLIAM RYSER ET AL., PETITIONERS, v. DOROTHY SNOW (POARCH), APPELLANT
• Court: Kansas Court of Appeals

41 S.W.2d 627

226 Mo.App. 340

IN RE ADOPTION BILLY GENE SNOW; FRED WILLIAM RYSER ET AL., PETITIONERS, v. DOROTHY SNOW (POARCH), APPELLANT

Court of Appeals of Missouri, Kansas City

May 4, 1931

Appeal from the Circuit Court of Jackson County.--Hon. E. E Porterfield, Judge.

AFFIRMED.

Judgment affirmed.

W. T Alford for respondent.

Sebree Jost & Sebree and Mord M. Bozie for appellant.

CAMPBELL, C. Boyer C., concurs. Trimble, P. J., absent.

OPINION

CAMPBELL, C.

--Petitioners, who are husband and wife, brought this proceeding praying for the adoption of Billy Gene Snow, a male child twenty-six months of age.

The petition contains all necessary averments to support the judgment rendered in the cause.

Dorothy Snow, the mother of said child, is referred to in the record as the defendant, and we shall so speak of her. She was duly notified of the filing of the petition, appeared and filed answer, in which it is averred that she had not abandoned the child as alleged, and that she did not consent to the adoption; that said child was the offspring of what she in good faith believed to be a valid marriage, but which she later learned was not so; that the petitioners are not of good character, are immoral, and had been guilty of numerous immoral acts; that the petitioners are not able financially to support and maintain said child.

Petitioners counsel was appointed guardian ad litem of the child and filed answer in that capacity. The case was tried, resulting in a decree of adoption as prayed by the petitioners. From that judgment the defendant appeals.

Plaintiffs' evidence is that they have a good home in Kansas City, Missouri, have been married six years, and have no children; that they were able to support, care for and educate the child; that they have had the custody of the child for a period of about eighteen months before the trial; that they took the child at the request of a friend and of a sister of the defendant; that while in the beginning the mother was "supposed" to pay five dollars a week for the support of the child, she did not do so, and that petitioners had never demanded payment and did not consider that the mother owed them anything for the care of said child; that they had an affection for him and desired to adopt him under the name Fred William Ryser; that defendant stayed at their home for a short time and paid them ten dollars therefor, but never contributed anything to the support of the child and told them they could adopt him. It was shown that petitioners were of good character and reputation and were properly caring for the child. One of their witnesses said: "I know Mrs. Ryser and she has given the child wonderful care, and seems to have much affection and interest in it, she takes it out for a walk every day or so and is careful about its feeding."

There was evidence that, after the petitioners had the custody of the child, defendant was guilty of immoral acts; that she had neglected to provide...