State v. Winn
| Citation | 191 S.W.2d 367 |
| Decision Date | 05 November 1945 |
| Docket Number | 20612 |
| Parties | STATE v. WINN |
| Court | Court of Appeals of Kansas |
W. H Sherman, of St. Joseph, for appellant.
Lewis F. Randolph, of St. Joseph, for respondent.
This appeal involves the custody of Shirley Elizabeth Winn, a child of the age of 10 years, and a ward of the Juvenile Court of Buchanan County.
The facts show that in May 1937, an information was duly filed in the Juvenile Court of Buchanan County, by the Probation Officer, charging that Shirley Elizabeth Winn, age 2 years was a neglected child, by reason of the fact that the mother was deceased and the father was in jail charged with the theft of hogs. A hearing was held on the information and the child was found to be a neglected child and made a ward of the court. She was committed temporarily to the custody of Mr. and Mrs. T. R. Deets, the maternal greatgrandparents. At various times during the years following the custody of the child was by the court changed and, at one time, custody was divided between the paternal grandparents and the maternal great-grandparents.
On October 12, 1942, the father, being out of prison, and again married, filed a motion to modify the judgment and award the child to him and his wife. The court heard evidence on the motion and found that in 1942 the court had awarded exclusive custody of the child to the maternal great-grandparents, in whose household she now resides and where, also, the maternal grandmother resides, all of whom had the actual care and support of said child during nearly all of its life; that 'there is a great mutual attachment and love between Shirley and the members of this household; that the child had a good home, with adequate advantages for schooling, health and happiness, and, in general, good moral and wholesome surroundings for its rearing and education; that the child was born at the home of Mr. and Mrs. Thomas Deets, and that they have had all the expense of raising said child up to the death of the child's mother on March 22, 1936, and practically all of the time since; that the father of the child, Benjamin Winn, is farming in partnership with his father; that he now bears a good reputation, is living an upright life, and was married July 19, 1939, to Nina Sunderland, who also bears a good reputation; that Benjamin Winn and wife live in Edgerton and are capable of giving the said child a good home and all educational and religious advantages; but the court finds that since Shirley Elizabeth Winn has lived with her great-grandparents practically all the time since her birth, and that they have had the expense of raising her, and that since...
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