87 Ohio Law. Abs. 129 | Oh. Prob. Ct., Columbiana | 1961
Petition was filed by the step-father, John Zinsmeister, for the adoption of the natural children of his wife. Two of the children, Patricia and Bruce Edward are over 12 years of age and have filed their Answer and Consent to said Adoption. The third child, Sherry Lynn was under 12 years of age and her consent is not necessary. The Court finds that service was properly made upon the natural father, Edward Keener; and that said father did enter his appearance in opposition to said adoption. The Court finds that all parties are in
The Court further finds that by agreement of the parties all records in the Juvenile Court of Columbiana County, Ohio, could be used in connection with this case as evidence m this case as if fully transcribed herein, and that all such entries were entered as such evidence in this case. Specifically referred to were all the entries in Case No. 1767 of the Juvenile Court of Columbiana County, Ohio, being the divorce ease between Edwardina C. Keener v. Edward Keener, and the criminal non-support action in the same Court, and being case No. 7937, State v. Edward Keener. All references as to Court orders and so forth, will be made from these two files. In addition thereto, the Court by agreement of the parties, is permitted to use the records of the Support Division from Juvenile Court of Columbiana County, Ohio, and being the support record of payments and so forth made by Edward Keener for the support of these children during the past few years, to that Division.
By agreement of all parties and for the sake of clarity, the adopting parties will be called Plaintiff and the natural father will be called Defendant.
It is agreed by the parties that there are two questions involved, one, the best welfare of the children, and two, whether or not the written consent of the father is necessary, and with special reference to Section 3107.06, Sub-section 4, Revised Code, which reads in part, as follows: “If it is alleged in the peti
The Court believes it would be helpful to give a chronology of the various Court actions as found in said record of this Court relative to the dealings of the Defendant and the mother of these children, Edwardina Keener Zinsmeister. Divorce was filed on June 27,1956. There was an answer filed plus the personal service obtained, the case was certified to the Juvenile Court on November 13, 1956, and the divorce was granted in Juvenile Court on December 31, 1956. In the same, an order of support was made in accordance with the Journal Entry approving the separation agreement of the parties, in which the custody was given to the mother of the children, and die Defendant by agreement and Court order, was to pay $25.00 per week for the support of the children to the Support Division, and certain rights of visitation were agreed upon. On June 24, 1957, and being Juvenile Case No. 7937, the Defendant was arrested for non-support, and he posted bond. On December 9, 1957, a hearing on said charge of non-support and also on a joint contempt action in the divorce ease was had. The Defendant at that time was found to be $626.00 in arrears. Payment of alimony was ordered on December 21, 1956 and was paid up by Defendant by signing over his share of certain real estate which in the separation agreement had been reserved for himself. The matter of the rights of visitation was reviewed and certain concessions were made to the Defendant. The next entry appeared on February 8, 1958, in which the Defendant purged himself of contempt by the payment of this money through the property as above stated, and the bond was released. On March 17, 1958, another non-support affidavit was filed. At that time the Defendant was sent to the Woodside Receiving Hospital, on the suggestion of his attorney, for observation inasmuch as there had been an alleged threat with a gun against the Plaintiff, the mother of the children. By Journal Entry on March 18, 1958, the Court found a possible homicidal tendency and did send the Defendant to Woodside Receiving Hospital. The report from the Woodside Receiving Hospital on March 18, 1958, indicted that he had admitted
The record of payments of the Defendant, over a period of time is found to be as follows: June 29, 1957, the Defendant should have paid $656.50, that is 26 weeks of $25.25 per week. During this period of time he only paid $252.50. From July 6, 1957 to December 28, 1957, the Defendant should have paid $656.50. He paid however, $1,268.76, but this payment included the back alimony of $303.00 ordered paid the Plaintiff prior to December, 1957. There was another payment of $309.26, however, all this payment was from his property which he had received from his divorce action, and which was turned over
As to the first question in the case, ‘to-wit, being for the best interests for the children that they be adopted. Evidence was received from the files indicating that long and bitter and very petty quarrelings resulting in Court hearings on the rights and times of visitation; of the children being torn between the father and the mother. The Court has the testimony of Mr. Cornell Monda, a qualified and licensed psychologist for fourteen years. His examination of both Bruce and Patricia, the two older children, indicates beyond a shadow of a doubt that the children were beginning to have emotional problems, that they were hysterical, that the boy Bruce, particularly, was retrogressing in school due to emotional problems created by this unending struggle between the father and mother and the fact that the father was apparently using, and the Court finds that he was using, the matter of the visitation in the main, for the gratification of himself in the continuance of his dislike and fights with the mother of the children, rather than for the purpose for which they were intended, to-wit, that of the enjoyment of the father with the children and becoming better acquainted with them.
The second problem in the case presents a greater legal
This Court has had this question up before, the Court would like reference to its decision in Case No. 1108 of the adoption records, In re Adoption of James Robin Corey, in which the same question was brought up, and I quote from that Decision, “when
The Court by its order that the Defendant was to pay
Specifically then, the Court finds that the father has wilfully failed to properly support these children during the period of time required by the statute, that it is to the best interest of the children that they be adopted by John Zinsmeister, the stepfather, who is a proper person to' adopt said child, and that all other requirements of the statute are made. Therefore the adoption of these three children is approved.
Exceptions'permitted to Defendant.