Smock v. Ayers

California Court of Appeal Feb 13, 1953 No. Civ. 19148, 19147Published

Before: McCOMB

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Holding. The court held that there was substantial evidence to support the trial court's finding that the parents abandoned their child by leaving her with respondents for over a year without support and with the intent to abandon her.

Issues

Was there substantial evidence to support the finding that the parents left their child with respondents for over a year without providing support?
Was there substantial evidence to support the finding that the parents intended to abandon the child?

Disposition. affirmed

Quotations verified verbatim against the opinion

“The decision of the trier of fact supported by substantial evidence, as in the instant case, is binding upon the appellate court.”

McCOMB, J.

From (1) a judgment that Miss Ayers, a minor, be declared and adjudged to be free from the custody and control of her parents, appellants, pursuant to the provisions of subdivision A, section 701, article VI of the Welfare and Institutions Code, and (2) an order of adoption awarding the custody of said minor to respondents, the parents appeal.

Chronology: i. March 28, 1950, a baby daughter was born to Mary and Leo Ayers in Los Angeles. Pursuant to previous arrangement the mother left the child with respondents, who have since cared for and reared her.

ii. March 30, 1950, respondents filed a petition for adoption of the minor.

iii. May 8, 1951, respondents filed a petition in the juvenile court of the county of Los Angeles to have said child declared free from the custody and control of her natural parents, appellants, pursuant to section 701, article VI of the Juvenile Court Law.

iv. May 23, 1951, appellants refused to give consent to the adoption of the minor and on June 12, 1951, they filed a petition objecting to the adoption proceedings.

v. The foregoing petitions were consolidated for trial and on November 15, 1951, the court found the minor was a person defined in subdivision A of section 701, article VT of the Welfare and Institutions Code, and that she had been left

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in the custody of respondents by her parents for more than one year prior to the filing of the petition without provision for her support and maintenance, with the intent of the parents to abandon her. Accordingly the court entered judgment that the minor was declared and adjudged to be free from the custody and control of her parents, and on November 19, 1951, entered an order of adoption whereby the custody of the -minor was awarded to respondents.

Question: Was there substantial evidence to sustain the court’s findings that (a) appellants left their minor child with respondents for a period of more than one year without provision for her support, and (b) with intent to abandon her?

Yes.

Section 701 of the Welfare and Institutions Code provides in part:

Smock v. Ayers

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