Hobby v. Hobby

GRIFFIN, P. J.

In 1955, plaintiff-appellant, then aged 15, married defendant-respondent, then aged 20. A child, Janet Sue Hobby, was born, the issue of said marriage. In 1958, plaintiff brought this action for divorce and custody of said minor child. After hearing, a divorce was granted to plaintiff and custody of the child awarded to her, subject to the right of defendant to reasonable visitations. Shortly after the child was born, by consent of both parents herein, she was delivered to the maternal grandparents, C. L. and Mrs. Thomas, who thereafter, and up until the present time, have had the physical custody of said minor child. At all times while the child was in the care of the maternal grandparents, she was well treated and well provided for. In 1960, a dispute arose over failure of the father to make payments for the child’s support. A nonsupport proceeding was sought against defendant. On January 25, 1961, defendant father filed his affidavit and request for modification of the award of custody of the child. A hearing was had and it developed from that showing that the mother, plaintiff herein, became emotionally disturbed and depressed and injected herself with heroin and thereafter became addicted to its use; that previously in 1960 she was granted probation on a plea of guilty to the offense of sale of marijuana. Subsequently, she was arrested, charged with and pleaded guilty to possession of heroin, and released to the custody of her father who delivered her to a federal hospital facility in Kentucky for treatment. After four and one-half months there, she returned to live with her parents in Santa Ana. She again became a user, her probation was revoked and she was committed to Corona, a state prison, where she presently remains. Apparently, her child and her parents visited her there and she showed great devotion to the child, and the

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child’s relationship to the grandparents was of the highest type.

The probation officers made thorough investigation and reported and recommended that the custody of the child remain with the plaintiff as before. There was evidence that the child was emotionally upset and disturbed after returning from visits with defendant in his home.

Defendant’s evidence shows that he subsequently remarried and now lives in Glendora, owns his own home, is fully employed and able to care for the child. He testified that when he attempted to visit the child at the Thomas home he seldom found her there; that the Thomases would not permit him to take the child to his home for various reasons, including nonsupport; that he feels that he and his present wife could do a better job of raising the child than the grandparents, due to age and companionship; that his present wife has one child of the same age by a former marriage and is expecting another; that these children all get along very well together; that defendant has paid over $1,800 for the support of said child while she was living with the grandparents and that he is now able to support her in his home much better.