McGlasson, In Interest of, No. 54911

CourtUnited States State Supreme Court of Iowa
Writing for the CourtREYNOLDSON
Citation195 N.W.2d 116
PartiesIn the Interest of George Michael McGLASSON, a child, Petition to Terminate Parental Relationship, David Larner, Intervenor-Appellant.
Docket NumberNo. 54911
Decision Date25 February 1972

Page 116

195 N.W.2d 116
In the Interest of George Michael McGLASSON, a child, Petition to Terminate Parental Relationship, David Larner, Intervenor-Appellant.
No. 54911.
Supreme Court of Iowa.
Feb. 25, 1972.

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.

REYNOLDSON, Justice.

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.

Page 117

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. * * *

'Since that time he has been under the foster care of the * * * department * * *. There has been a general overall improvement. He talks and laughs and runs and plays. He is emotionally settled down. He's secure. * * * Physical appearance, when we first had him, he was so nervous, he kept all fingers in his mouth * * * finally, after a period of time, his emotions held down and (he) took the fingers out of his mouth, and now he has some front teeth * * *. He is quite a...

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7 practice notes
  • Doan Thi Hoang Anh v. Nelson, No. 3--59318
    • United States
    • United States State Supreme Court of Iowa
    • 22 Septiembre 1976
    ...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 their herit......
  • Lewis, In Interest of, No. 3-59203
    • United States
    • United States State Supreme Court of Iowa
    • 31 Agosto 1977
    ...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, No. 3-59262
    • United States
    • United States State Supreme Court of Iowa
    • 29 Junio 1977
    ...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, No. 2--56739
    • United States
    • United States State Supreme Court of Iowa
    • 16 Abril 1975
    ...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......
  • Request a trial to view additional results
7 cases
  • Doan Thi Hoang Anh v. Nelson, No. 3--59318
    • United States
    • United States State Supreme Court of Iowa
    • 22 Septiembre 1976
    ...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 their herit......
  • Lewis, In Interest of, No. 3-59203
    • United States
    • United States State Supreme Court of Iowa
    • 31 Agosto 1977
    ...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, No. 3-59262
    • United States
    • United States State Supreme Court of Iowa
    • 29 Junio 1977
    ...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, No. 2--56739
    • United States
    • United States State Supreme Court of Iowa
    • 16 Abril 1975
    ...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......
  • Request a trial to view additional results

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