Waites v. Waites
| Decision Date | 24 May 1978 |
| Docket Number | No. 60030,60030 |
| Citation | 567 S.W.2d 326 |
| Parties | Karon M. WAITES, Appellant, v. Charles R. WAITES, Jr., Respondent. |
| Court | Missouri Supreme Court |
Ronald E. Taylor, St. Joseph, for appellant.
Jimmie D. James, Independence, for respondent.
This appeal is from a judgment of the circuit court of Jackson County in a dissolution of marriage case in which the trial court awarded custody of two minor children to respondent, father, basing its judgment on its disagreement with the religious beliefs of the appellant, mother. The appellant alleges that the judgment of the trial court violates various rights under the First and Fourteenth Amendments to the United States Constitution and Art. I, §§ 5 and 7 of the Missouri Constitution. Insofar as the issues raised are alleged by appellant to involve the construction of these portions of the United States and Missouri Constitutions, we have exclusive appellate jurisdiction under Missouri Constitution, Art. V, § 3.
Charles R. Waites, Jr., and Karon M. Waites were married in Raytown, Missouri on October 16, 1971. Except for a brief period of separation in 1975, the parties lived together until February 7, 1976, at which time they again separated. Two daughters were born of this marriage, namely: Shelley R. Waites, born July 20, 1974, and Monica L. Waites, born June 9, 1976. Mrs. Waites filed a petition for dissolution of the marriage and custody of the children on July 12, 1976. Respondent filed an answer and cross-petition for dissolution wherein he sought custody of the children. The dissolution hearing was held on November 30, 1976.
There being no dispute concerning the dissolution of marriage, the evidence offered at the dissolution hearing was directed primarily to the issue of custody of the two minor children.
The facts, taken largely from appellant's statement (which respondent's brief adopts as being adequate, accurate and not argumentative), are as follows:
Appellant testified that she was employed and that her mother had been caring for the children while the appellant was at work. Appellant testified further that she regularly played with her daughters, read to them, disciplined them, washed their clothes, cared for and loved them, and as their mother, wanted the little girls to remain with her. Appellant testified that at one time she had been a Baptist, but that she since changed her religious faith to that of Jehovah's Witnesses, and that this change in her religious beliefs had caused many arguments between her and the respondent and had resulted in several incidents where she had been slapped and threatened verbally. There was further testimony that respondent had threatened to break the arm and nose of the appellant and on one occasion during pregnancy had threatened her with a gun and told the appellant that she should be destroyed, this last incident having been witnessed by the older daughter of the parties. Appellant acknowledged that on one occasion during an argument that she had slapped respondent.
There was further testimony that respondent had threatened other members of appellant's religious faith with his rifle and that he had on several occasions and over appellant's objections, offered and given alcoholic beverages to the older daughter. Nevertheless, appellant testified that if she retained custody of the little girls, she would encourage them to love and respect their father and would do nothing to poison their minds against him.
Upon cross-examination appellant acknowledged that respondent had been a good provider, a good father, and a responsible person. There was extensive cross-examination of appellant concerning her religious beliefs, including her beliefs on Armageddon, non-believers, false religions, world governments, and Satan's role therein, flag salutes, pagan practices, celebration of holidays and birthdays, Earth's restoration to paradise, blood transfusions, military organizations, police organizations, of which Mr. Waites is a member, bad associations, pre-marital intercourse, religious images, voting, door-to-door preaching, baptism, medical care and treatment, and disfellowshipping. Appellant agreed that she would attempt to teach her daughters from the Bible, and raise them as Jehovah's Witnesses.
The respondent testified that he agreed with the appellant that the primary cause of the marriage breakdown was the appellant's change of religion. Respondent testified that appellant had been a good, clean wife who loved her children but she has not been as good a wife after her change in religion and even his sex life had been affected. Respondent testified further that he was a patriotic ex-marine and that he had many disagreements with the religious beliefs of the appellant, including her beliefs on the celebration of holidays, flag salutes, and the pledge of allegiance. Respondent also offered testimony concerning the incident where he had told the appellant that she needed to be destroyed or confined and how he had threatened her with his gun to test her reaction. Respondent testified additionally about disagreements between appellant and respondent concerning the children, and stated to the court that, in his opinion, if the daughters were raised by the appellant that he would not have a normal relationship with his daughters and that the daughters would not have a normal childhood. Consequently, if awarded custody respondent proposed to remove the children to Schell City, Missouri, where his parents could assist with the children and he would commute to Blue Springs to his employment.
Upon cross-examination, respondent acknowledged that he was a police officer in Blue Springs, Missouri, and that he was on probation as a result of having threatened appellant with his gun. He also acknowledged that he had formerly been a police officer in Grandview, but that he had been asked to leave that department because of being involved in an incident where beer was bought for minors. Respondent acknowledged that he had had four jobs during the last five years, and admitted having pushed appellant and having raised his voice to appellant in presence of their older daughter. Respondent also testified that if he had the children, that he would tell them that the appellant's religion was a false and corrupt religion.
The appellant offered rebuttal evidence from her mother, Mrs. Wanda Wendel, who baby-sat for the children each workday. Mrs. Wendel's testimony was to the effect that appellant fed the children, kept them clean, read to them, played with them, and did not ignore the children because of her religion. Mrs. Wendel expressed her love for the grandchildren and her continuing willingness to care for the children while appellant was employed. Mrs. Wendel is age 49. Respondent's mother was also present in the courtroom but was not called to testify.
On February 7, 1977, the trial court entered its findings of fact and conclusions of law, the relevant portions of which we copy verbatim as follows:
Findings of Fact
5. (B)oth children have been in the care, custody and control of the petitioner since the time of the separation.
8. That petitioner is gainfully employed with a net take home pay of $537 per month.
9. That respondent is gainfully employed as a police officer with a net take home pay of $682 per month.
10. That prior to, at the time of and during the early years of the marriage, the parties were members of the Baptist denomination of the Christian religion.
11. That in July 1975 petitioner converted from the Baptist denomination of the Christian religion to the Jehovah's Witness denomination of the Christian religion and was baptized into the Jehovah's Witnesses in October 1975.
12. That the primary difficulty preventing a reconciliation or preservation of the parties' marriage has been the petitioner's belief in and practice of certain doctrines of the Jehovah's Witnesses denomination of the Christian religion.
13. That petitioner acknowledged her total belief in the entirety of the Bible.
14. That the petitioner acknowledged and recognized as authoritative the doctrines and principles set forth in respondent's exhibits Nos. 1, 2, 3 and 4. (No. 1 Listening to the Great Teacher ; No. 2 The Truth That Leads to Eternal Life ; No. 3 Paradise Restored to Mankind by Theocracy ; No. 4 The Watchtower 1973.)
15. That the primary beliefs and the doctrines professed by the petitioner which created problems between respondent and petitioner are as follows:
(a) Petitioner does not believe in blood transfusion, even if necessary to save the life of one of her daughters;
(b) Petitioner does not believe in saluting the flag;
(c) Petitioner does not believe in celebrating birthdays;
(d) Petitioner does not believe in celebrating the Nation's birthday or any national holidays (e) Petitioner does not believe in celebrating relative's birthdays;
(f) Petitioner does not believe in celebrating Christmas;
(g) Petitioner believes that all governments are under the control of Satan;
(h) Petitioner believes that all other forms of religion other than Jehovah's Witnesses are false religions;
(i) Petitioner believes that all governments and all other false religions stand in the way of world peace;
(j) Petitioner believes that all military bodies are instruments of the devil;
(k) Petitioner would not use life threatening physical force even to save the life of her child;
(l) Petitioner literally believes in the doctrine of Armageddon and believes that only members of the Jehovah's Witnesses will be spared from the holocaust and believes this holocaust shall occur during her lifetime. 1
16. Respondent is a former member of the United States Marine Corps and presently is employed as a police officer for the City of Blue Springs.
17. Respondent strongly feels contrary to those beliefs of petitioner set forth in Paragraph No. 15 above.
18. That the present beliefs of petitioner are contrary to the...
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