McGlasson, In Interest of, 54911
| Decision Date | 25 February 1972 |
| Docket Number | No. 54911,54911 |
| Citation | 195 N.W.2d 116 |
| Parties | In the Interest of George Michael McGLASSON, a child, Petition to Terminate Parental Relationship, David Larner, Intervenor-Appellant. |
| Court | Iowa Supreme Court |
Life, Davis & Life, Oskaloosa, for intervenor-appellant.
Richard C. Turner, Atty. Gen., Lorna Lawhead Williams, Sp. Asst. Atty. Gen., Robert B. Dickey, County Atty., and Barry M. Anderson, Deputy County Atty., Keokuk, for appellee.
The Lee County Attorney initiated this action under § 232.41, The Code, to terminate the parent-child relationship between George Michael McGlasson and his mother, Mary (McGlasson) Mortimer. The child's sister, Delphia Mea Larner, and her husband, David Larner, intervened, petitioned for custody, and participated in the hearing. Juvenile court terminated the relationship and granted permanent care, custody and control to Lee County Department of Social Services for the purpose of placing the child for adoption. From denial of the petition for custody, intervenor David Larner appeals. We affirm.
The child, George, born September 26, 1965, was one of 13 issue of the mother's marriage to Scott McGlasson, who died in December 1968. Custody of six of the children had been assumed by welfare authorities in Missouri. The mother remarried to a Mr. Mortimer, the father of 11 children by a prior marriage. At time of trial the couple resided with two of the mother's younger children in Alexandria, Missouri, in a two-room mobile home with one-room addition.
Before his father's death, George and a sister, Sandra, were placed by the mother and their father with the intervenors. Although a written agreement was executed by the adults, the juvenile court rightly found it had no efficacy as any type of adoption proceeding.
This arrangement, disrupted by continual bickering regarding discipline philosophy and visitation rights, lasted only 11 months. George and Sandra were returned to the mother and her second husband. In May of 1969, George was turned over to Lee County Department of Social Services by the mother who said she wanted him placed in a home. Following appropriate court procedures, George was held to be neglected and dependent by order dated December 19, 1969. Custody was placed in Lee County Department of Social Services subject to court's continuing jurisdiction.
Since that time, the department has placed George in two foster homes. At time of trial he was in the care of a couple who wanted to adopt him. His progress was detailed in the testimony of department's qualified child case worker:
'When George Michael was first placed, his physical appearance was small * * * emotionally, he laid down on the floor and kicked himself and cried, bad boy, bad boy. * * *
After George was taken back to his mother, intervenor Mr. Larner undertook a tenacious and almost morbid campaign to obtain his return. He put the mother in fear of her own safety. Following an attempted physical assault upon her he pled guilty to the resulting criminal charge. A second charge grew out of a bizarre attempt to obtain George after his placement in a Lee County foster care home. By his admission Larner has spent thousands of dollars and lost employment seeking the boy's release from department custody. His wife testified that getting custody of George 'quite frankly, has been his primary concern in the last two years.'
The Larner home is in Missouri near the town of Alexandria, as it has been at all pertinent times. It is adequate, and Larner's projected income sufficient, to support George. There are no other children in intervenors' family. Their testimony indicated an avowed interest in George's future education and religious training. There is no compelling reason to regard intervenors as persons per se unfit to have custody. It is the surrounding living situation coupled with the perplexing question of Larner's judgmental behavior which make an award to intervenors potentially undesirable.
I. The facts distinguish this case from the usual custody conflicts which involve two parents or a parent and a third party. At hearing the mother made no serious effort to regain custody and she does not appeal. It is also significant that Mrs. Larner does not join her husband in this appeal. In any event, the issue now is narrowed to intervenors' petition to be awarded George's custody under § 232.48, The Code, as 'a reputable individual of good moral character.' The juvenile court instead...
To continue reading
Request your trial
-
Doan Thi Hoang Anh v. Nelson, 3--59318
...immediate interests of Binh. The long-range interests as well as the immediate interests of the child must be considered. In Re McGlasson, Iowa, 195 N.W.2d 116, 118; Stafford v. Taylor, Iowa, 158 N.W.2d 621, 624. Anh expressed concern that her children learn the Vietnamese culture, accept t......
-
Lewis, In Interest of
...2600, 33 L.Ed.2d 484 (1972). Of course, best interests of the children is of paramount but not overriding importance. In re McGlasson, 195 N.W.2d 116, 118 (Iowa 1972). It is also understood there exists a parental right to integrity of the familial relationship, unless by conduct it be forf......
-
Long v. Long
...had not been alleviated? I. Our review is de novo. Code § 232.58. See also In re Scarlett, 231 N.W.2d 8, 10 (Iowa 1975); In re McGlasson, 195 N.W.2d 116, 117 (Iowa 1972); Iowa R.Civ.P. When considering credibility of witnesses we accord weight to trial court's fact findings but they are not......
-
Miller Children, In Interest of, 2--56739
...726, 728 (Iowa 1971), termination of parent-child relationships, In Interest of Wardle, 207 N.W.2d 554, 562 (Iowa 1973); In re McGlasson, 195 N.W.2d 116, 117 (Iowa 1972), and delinquency proceedings. In re Henderson, 199 N.W.2d 111, 116, 124 (Iowa Indeed, a De novo review is indicated by th......