Jones v. Jones

VALLÉE, J.

Appeal from a judgment which dismissed a petition denominated “Petition for Freedom from Custody” whereby Merle H. Jones, father of Christy Ann Jones, sought under section 701, subdivision (a), of the Welfare and Institutions Code to have it declared that Peggy B. Jones, mother of Christy Ann, had abandoned her.

Merle H. Jones and Peggy B. Jones were formerly husband and wife. On July 1, 1949 Peggy obtained an interlocutory decree of divorce from Merle. She was awarded custody of Christy Ann. On July 14, 1950, a final decree was entered. On November 8, 1951, the decree was modified and custody of Christy Ann was awarded to Merle subject

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to Peggy's right of reasonable visitation “in the home of defendant.” On May 29, 1952, Merle remarried a woman with two children. Peggy has not remarried. Christy Ann is 10 years of age. Since Merle was awarded custody he has lived in Los Angeles County; Peggy in Delano.

The petition charged that Peggy had abandoned Christy Ann and alleged that the acts of abandonment were that Peggy “has failed and neglected to communicate with said minor child for more than one year last past and is of a deteriorating mental condition, making it inadvisable that said child be contacted by such parent. That it is for the best interest of said child to be declared free of said parent due to lack of interest and obvious bad mental condition of said minor person’s mother, the said Peggy B. Jones.” The prayer was that Christy Ann be declared free from the custody and control of Peggy.

The court found that Peggy had not abandoned Christy Ann and dismissed the petition. Merle appeals.

Section 701 of the Welfare and Institutions Code, a part of the Juvenile Court Law, in pertinent part provides:

“The jurisdiction of the juvenile court extends also to any person who should be declared free from the custody and control of either or both of his parents. The words ‘person who should be declared free from the custody and control of either or both of his parents’ shall include any person under the age of 21 years who comes within any of the following descriptions:

“(a) Who has been left by either or both of his parents in the care and custody of another without any provision for his support, or without communication from either or both of his parents, for the period of one year with the intent on the part of such parent or parents to abandon such person. Such failure to provide, or such failure to communicate for the period of one year, shall be presumptive evidence of the intent to abandon. Such person shall be deemed and called a person abandoned by the parent or parents abandoning him.”