Chryst v. Chryst

SHEPARD, Acting P. J.

This is an appeal by plaintiff from a judgment denying plaintiff’s petition to be freed from his obligation to support his parent and an attempted appeal from the minute order denying relief.

Facts

Plaintiff brought this action under the provisions of sections 206.5, 206.6 and 206.7 of the Civil Code, to be freed from the obligation to support his mother, Marguerite E. Chryst, defendant herein. County of Orange, real party in interest, is respondent on appeal.

Plaintiff’s petition, in substance, alleges that defendant is the mother of plaintiff and is a recipient of welfare aid; that prior to plaintiff’s reaching the age of 18, and while defendant was physically and mentally able to support him, defendant abandoned him for a period of two years; that a similar petition was first made to the respondent county’s board of supervisors and was denied.

The settled statement of oral proceedings shows in substance that in 1917 crop failure caused severe financial hardship to plaintiff’s parents. The family was then living together at Edgely, North Dakota. The parents then went to Wallaby, South Dakota, leaving the children with defendant’s sister and her husband because defendant believed the children would be better off with said sister, but without any decision being made by either parent to abandon the children. For two and a half years continuously thereafter, said father worked at whatever he could find and did maintain himself and defendant. They had an automobile, but they did not communicate with nor contribute support to the children. At the end of this period of time said parents learned that defendant’s sister was ill. Thereupon said parents went back to Edgely, reassumed physical custody of the children and brought them to California. At some time prior to the commencement of the present action the parents were divorced. Both parents testified that when they left the children with plaintiff’s sister they did not think about abandoning them.

[622]

Further details of the arrangements, if any, with defendant’s sister are not shown by the record. The trial court found in accordance with the foregoing and also found that defendant did not, during the two and a half years in question, have the physical ability to support plaintiff and at no time intended to abandon plaintiff. It concluded that defendant did not abandon plaintiff and that plaintiff’s petition to be freed from his obligation to support should be denied and rendered judgment accordingly. Plaintiff appeals.