Guardianship of Truschke

California Court of Appeal Sep 15, 1965 No. Civ. No. 22392Published

Before: Salsman

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Holding. The court held that a father failed to legitimate his illegitimate child under Civil Code section 230 because he did not receive the child into his home or family circle, and that the mother's right to custody under Civil Code section 200 is superior to the father's claim for guardianship.

Issues

Whether the appellant succeeded in legitimating his illegitimate child pursuant to Civil Code section 230.
Whether the appellant's desire and preparation to receive the child constituted constructive compliance with the requirements of Civil Code section 230.
Whether the mother's right to custody of an illegitimate child under Civil Code section 200 precludes the father's petition for guardianship.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“This section imposes three requirements, all of which must be fulfilled before legitimation can be effected by the natural father.”

“Civil Code section 200 gives the mother of an illegitimate child the right to its custody.”

237 Cal.App.2d 75 (1965) Guardianship of SUZANNE MARIE TRUSCHKE, a Minor. JOHN F. TRUSCHKE, III, Plaintiff and Appellant,

SUZANNE MARIE LA ROCCA, a Minor, etc., Defendant and Respondent.

Civ. No. 22392. California Court of Appeals. First Dist., Div. Three.

Sept. 15, 1965. Madsen & Sposeto and Dominic J. Sposeto for Plaintiff and Appellant.

Rankin, Oneal, Luckhardt, Center, Longinotti & Ingram, Dan Oneal and Aidan R. Gough for Defendant and Respondent.

SALSMAN, J.

John F. Truschke III appeals from a portion of a judgment which denied his petition for appointment as guardian of his illegitimate daughter. The trial court [77] found that John had failed to legitimate his child in conformance with the requirements of Civil Code section 230.

The principal issue on appeal is whether appellant by his conduct succeeded in legitimating his natural daughter.

[1a] The facts are not in dispute. John Truschke and Suzanne Marie La Rocca met when Suzanne was 16 years of age and John was 18. About four months after they first met they agreed to marry. Suzanne's father objected. Suzanne became pregnant with John's child and her father placed her in St. Elizabeth's Home in San Francisco to await the birth of her baby. John continued to see Suzanne. There was testimony that the young couple discussed marriage while Suzanne was at St. Elizabeth's and planned that John would take care of the baby until Suzanne reached her 18th birthday, at which time they would marry. Suzanne was transferred from St. Elizabeth's to St. Mary's Hospital without John's knowledge, but John discovered Suzanne's whereabouts and continued to see her twice a week for an hour a day until their daughter was born.

Before the birth of the baby John bought a crib, baby clothes and other things necessary for the care of an infant. He spent approximately $310 for these items.

After the birth of the baby Suzanne decided not to marry John and refused to give him the child. She told John that she was "... going to put the baby up for adoption."

Guardianship of Truschke

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SALSMAN, J.

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