Tripp v. Brawley
| Decision Date | 05 October 1953 |
| Docket Number | No. 7254,7254 |
| Citation | 261 S.W.2d 508 |
| Parties | TRIPP et al. v. BRAWLEY et al. |
| Court | Missouri Court of Appeals |
Donald V. McKee, St. Louis, for petitioner.
C. M. Buford, Ellington, Elmer E. Walter, St. Louis, for respondents.
This is an original proceeding in habeas corpus instituted by Anna Omega Coke to obtain custody of her minor child, Donna Sue Tripp.
The pertinent facts are undisputed. Petitioner was married to James Tripp in April, 1950. Donna Sue Tripp was born to this marriage, at the home of respondents, March 5, 1951. After the birth of this child, James Tripp was sent to the penitentiary. In June, 1951, petitioner left said minor child with her parents and went to St. Louis to seek work. The evidence shows that she worked at a number of different places, a part of the time in factory work and a part of the time in keeping children for others.
In April, 1953, she was married to Dewey Coke and she and her husband are living in Chesterfield, in St. Louis County. They are employed in caring for a chicken ranch at a salary of $45 per week with furnished apartment.
The testimony is that petitioner and petitioner's husband visited respondents and said minor child almost weekly during the time the child was in the custody of respondents; petitioner testified that she contributed $5 a month for the support of the child. This testimony was denied by respondents. Respondents contend that petitioner gave them the child when it was about three weeks old, as a Christmas present. They stated this gift was made sometime in April, 1951, and that petitioner promised never to take the child from them.
We think there is no controversy as to the ability and fitness of respondents to have custody of said child, under the testimony. We think the testimony shows, also, that the petitioner, the mother of the minor child in question, at the time the child was left with her parents, was not in a position financially to care for said child.
The evidence shows that petitioner was granted a divorce from James Tripp, July 12, 1952, in the Circuit Court of the city of St. Louis and in the decree, petitioner was awarded the care, control and custody of Donna Sue Tripp.
Respondents attempted to, and did show, by evidence, that petitioner lived with Dewey Coke, as his wife, prior to their marriage and prior to the decree of divorce. They offered evidence that petitioner had given birth to twins, prematurely, which fact was denied by petitioner. They testified that petitioner came to their home, in company with Coke, and slept with him before the marriage and that she lived with him as his wife while in St. Louis before the marriage.
The evidence is undisputed that petitioner's mother, one of the respondents herein, came to petitioner's home and took the minor child away from petitioner and back to her home in Reynolds County. The testimony also shows that petitioner's mother knew and advised petitioner to get a divorce from James Tripp and to get custody of the child.
The evidence is undisputed that petitioner and her husband, in May, 1953, went to the home of respondents and represented to them that they were taking a vacation and going down to Hayti in New Madrid County, and asked respondents to allow them to take the child with them, which respondents did; that instead of going to Hayti, petitioners took the child to their home in St. Louis County and undertook to keep it.
The testimony is undisputed that petitioner's father, respondent herein, together with his son and a driver of an automobile, went to the home of petitioner in St. Louis County; that it was dark when they arrived and the father and one of the sons knocked on the door and were permitted to enter the house; that the respondent asked permission to love the baby and hold it in his arms and, when permitted to do so, took the child and fled from the house and put it in the waiting automobile; that both petitioner and her husband attempted to prevent the taking of the child and that petitioner was forceably thrown from the automobile and the child taken back to Centerville, in Reynolds County. The evidence shows that a warrant was sworn out for the arrest of respondent for kidnaping in St. Louis County and this action is now pending. It is also admitted that respondents have filed an action to adopt said minor in Reynolds County, which action is now pending.
The law is well settled that a minor child of divorced parents becomes the ward of the court which grants the decree. Where the court awards the custody of a child in a...
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Wakefield, In re
...habeas corpus. In re Morgan, 117 Mo. 249, 21 S.W. 1122, 22 S.W. 913; Bell v. Catholic Charities, Mo.App., 170 S.W.2d 697; Tripp v. Brawley, Mo.App., 261 S.W.2d 508; In re Kohl, 82 Mo.App. ' The only question remaining is whether respondents may justify their detention of the child upon the ......
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Kipper v. Vokolek
...which awards child custody retains continued exclusive jurisdiction of the matter until the minor reaches majority. Tripp v. Brawley, 261 S.W.2d 508, 510(2) (Mo.App.1953). A motion to modify a divorce decree to change a prior award of child custody is in the nature of an independent proceed......
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Wakefield, In re
...on habeas corpus. In re Morgan, 117 Mo. 249, 21 S.W. 1122, 22 S.W. 913; Bell v. Catholic Charties, Mo.App., 170 S.W.2d 697; Tripp v. Brawley, Mo.App., 261 S.W.2d 508; In re Kohl, 82 Mo.App. The only question remaining is whether respondents may justify their detention of the child upon the ......
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B.M.P. v. G.H.P., 43361
...child and is the proper forum to adjudicate fitness or custody. In re R.L.K., 508 S.W.2d 232, 233-34 (Mo.App.1974); Tripp v. Brawley, 261 S.W.2d 508, 510 (Mo.App.1953).3 Green v. Perr, 238 S.W.2d 922, 923 (Mo.App.1951); State ex rel. Burtrum v. Smith, 357 Mo. 134, 206 S.W.2d 558, 563 (1947)......