Rasmussen v. Harmon

GRIFFIN, J.

Captain Warren A. Harmon and Bettilon Harmon are the parents of Toni Harmon, horn June 20, 1943, in New Mexico. Mrs. Rasmussen, Bettilon’s mother, and Dr. Rasmussen, her stepfather, lived in Ontario, California. Captain Harmon went to Texas in line of duty with the U. S. Air Force. Mrs. Harmon came to Ontario with the baby daughter and remained there about one month. She later went to Texas to be with her husband and left the baby with Mrs. Rasmussen. No arrangements were made in reference to the care of the child but its father and mother sent checks each month thereafter to the grandmother, which checks averaged about $30 per month for a period of around two years. They made occasional week-end trips to visit the child. Subsequently, the Harmons returned to Ontario and lived with the Rasmussens for four months. They subsequently moved to Claremont where, for the first time, they had the child in their home for a good portion of that period. The child was then about 3 or 4 years of age. Subsequently, they moved to Oakland and left the child with the Rasmussens and later the Rasmussens took it to its parents in Oakland, for schooling. About a month later, due to the child’s illness, the Rasmussens returned it to their home in Ontario and it was cared for by them. The mother sent several $25-denomi-nation government bonds, registered in the name of the child and its mother, to the Rasmussens, and also sent gifts, etc., on occasions. The Harmons were both.employed during the period. They returned to Ontario on occasions to visit with the child who was then 5 years of age. Captain Harmon was transferred to Florida and his wife returned to Ontario, obtained an apartment and visited with and took the child with her on occasions when she was not working. Generally, however, she left its care with Mrs. Rasmussen, and apparently no definite arrangements were mentioned as to child care, and no further payments were made to Mrs. Rasmussen. Mrs. Harmon moved about from place to place and later joined her husband in other places where he had been transferred, but left the child in care of Mrs. Rasmussen.

Finally, in June, 1952, the Harmons returned to Ontario. The captain learned that he was being transferred to Okinawa. They suggested that they take the child with them and violent argument ensued between them and the Ras

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mussens. A bitter quarrel took place and on July 3, 1952, the Rasmussens filed this petition to be appointed guardians of the person of Toni, then aged 9 years, alleging that she had no guardian legally appointed by will or otherwise; that they were the grandparents of the minor; that for a number of years Toni had been under their care and resided with them; that the parents had knowingly and wilfully abandoned the child, having the ability to maintain it; that the Harmons were not fit and proper persons to have its custody; alleged that petitioners were fit and proper persons for this purpose; and that it was for the best interests and welfare of the child that the petitioners be appointed guardians.