Richardson v. Althoff
| Decision Date | 19 May 1967 |
| Docket Number | No. 16916,16916 |
| Parties | Wayne O. RICHARDSON, Appellant, v. Mary L. ALTHOFF et al., Appellees. . Dallas |
| Court | Texas Court of Appeals |
Jack G. Kennedy of Slagle & Kennedy, Sherman, for appellant.
Rayburn Nall of Elliott & Nall, Sherman, for appellees.
This is a child custody case in which appellant Wayne O. Richardson, a resident of the State of California, seeks custody of his eleven-year-old daughter, who since August 1965 has been in the care and custody of her maternal aunt, Mrs. Mary Althoff, and her husband, William Althoff, residents of the State of Tennessee.
At the conclusion of a hearing the trial court on September 1, 1966 awarded care and custody of the daughter to Mrs. Althoff and her husband.
Appellant and Helen Margaret Richardson separated in 1958. In January 1962 they were divorced in Dallas County, Texas. Custody of two minor sons was awarded to appellant. Custody of one minor daughter, then six years of age, was awarded to the mother.
The mother and daughter moved to Denison, Texas, where they lived in the home of the maternal grandmother, Mrs. John Scully. Helen Margaret Richardson had a history of mental illness and alcoholism. But it is conceded by all concerned, including appellant, that Mrs. Scully, the grandmother, was a person of excellent qualities and that as long as she lived the little girl would be well taken care of. In fact, appellant says that he agreed with Mrs. Scully that he would not seek custody of his daughter as long as Mrs. Scully had charge of her.
Following the separation in 1958 appellant's two sons went to Denison, Texas, where they lived in the home of their paternal grandparents for about two years. In 1960 appellant moved to Hawaii and took the two boys with him. In March 1962 subsequent to his divorce in January 1962 and following his return to the mainland he married his present wife, Mrs. Irene Humphrey Richardson.
The Althoffs, formerly residents of Denison, Texas, visited Mrs. Scully, Mrs. Althoff's mother, in the summer of 1965. It was apparent that Mrs. Scully was in failing health. Something had to be done about the little girl. It was agreed between the grandmother, the mother, and the Althoffs that the child should go to live with the Althoffs in Chattanooga, Tennessee. The Althoffs took the child into their home where she is still residing under the care of her aunt and uncle. Appellant did not learn of this change until January 1966.
In February 1966 the mother, Helen Richardson, entered the Wichita Falls State Hospital under a permanent commitment. In March 1966 Mrs. Scully died.
Appellant, his wife and his two sons came from California for the hearing. The Althoffs hoffs and appellant's daughter came from Tennessee for the hearing.
The two boys, now eighteen and seventeen years of age respectively, testified that they love their sister and hoped she could come live with them. They had visited her and their grandparents in Denison on several occasions. They also love their stepmother, who has devoted herself to their welfare and happiness and has established a happy home life for their father and themselves. This testimony was corroborated by other witnesses including appellant.
On the other hand appellant contributed nothing to the support of the little girl since the divorce. He never came to see her and never wrote to her except maybe at Christmas. He has changed jobs frequently and has recently rented out the home he was paying for and has moved into a rented house. He says that he contributed no money to his daughter's support because he was 'broke'. Appellant's daughter had not seen her father in five years, in fact there had been very little contact between father and daughter since 1958 when the father and mother separated.
The Althoffs have two daughters, one twenty-one years of age, the other eighteen. They also have a son the same age as the little girl. The Althoffs have taken appellant's daughter into their home where she is considered and treated as a member of their family. The two older girls help her in many ways, with her hair, her clothes, etc. She and the Althoffs' son go to school together. There is ample testimony that the Althoffs have a good home and home life and that appellant's daughter is well cared for and happy.
The trial judge interviewed appellant's daughter in chambers in the presence of attorneys for both sides. She expressed her preference to continue to live with her aunt and uncle and cousins in Tennessee.
The court made detailed findings, among them the following: (1) Both the Richardson home and the Althoff home are physically and economically adequate for...
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Kohls v. Kohls, 549
...between a natural parent and third parties may be determined by the court on the basis of the best interest of the child. See Richardson v. Althoff, 415 S.W.2d 520 (Tex.Civ.App., Dallas, 1967, n.w.h.) in which the court held in part as 'As a general rule when one parent who has been awarded......
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R______ D______ P______, In re
...the appellee. Appellee has sustained this burden as evidenced by the findings of the trial court and the record here. See Richardson v. Althoff, 415 S.W.2d 520 (Tex.Civ.App.--Dallas 1967, no writ); Huff v. Stafford, 429 S.W.2d 620 (Tex.Civ.App.--Dallas 1968, writ Appellant contends that app......
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Becker v. Becker, 14948
...Appeals and affirmed the judgment of the trial court. In a recent child custody contest between a father and a maternal aunt (Richardson v. Althoff, 415 S.W.2d 520 (Tex.Civ.App.--Dallas 1967, no writ)), the custody of an 11 year old girl was involved. The trial court found that both the fat......
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Huff v. Stafford
...415 S.W.2d 293, 296 (Tex.Civ.App ., Fort Worth 1967, no writ). As said by Chief Justice Dixon, speaking for this court in Richardson v. Althoff, 415 S.W.2d 520, 523 (Tex.Civ.App., Dallas 1967, no 'As a general rule when one parent who has been awarded custody dies or becomes insane and a ch......