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In re Webb's Adoption

Supreme Court of Arizona

January 27, 1947

In re WEBB'S ADOPTION.
v.
WEBB et ux PERKINS

Appeal from Superior Court, Yavapai County; J. W. Faulkner, Judge.

Proceeding in the matter of the adoption of Charles Malcolm Webb, Jr., a minor, wherein Charles Y. Webb and Lucille Webb, his wife, paternal grandparents of the minor, sought to adopt the minor. From an interlocutory order of adoption in favor of the grandparents, Bonnie Lou Perkins, the minor's mother, appeals.

Order set aside.

Moore, Romley & Roca, of Phoenix, for appellant.

Head & Palmer, of Prescott, for appellee.

Udall, Judge. Stanford, C. J., and La Prade, J., concur.

OPINION

Udall, Judge.

[65 Ariz. 177] This is an appeal by a mother from an interlocutory order of adoption entered March 19, 1945, granting the petition of the paternal grandparents for the adoption of her minor son, aged six years. The facts, which are not in dispute, are that the parents of the minor involved were married in 1937, the appellant (mother) being at that time 14 years of age and her husband 19. Before she was 16 the child was born in Yavapai County where the matrimonial domicile was maintained. Six months thereafter the husband filed suit for divorce and a decree was entered in his favor on July 3, 1939, which also gave him the custody of the minor with full visitorial rights to the mother. He promptly placed the child with his parents, the petitioners herein, who at all times resided in Clarkdale, Yavapai County. Then he moved to California and re-married. His

Page 223

legal residence, according to the petition to adopt, had been in California for a year prior to the filing of the present petition. The appellant on July 31, 1939, married her present husband, Lincoln W. Perkins, in New Mexico; however, they returned to Globe to live, her husband having resided there for many years. He was employed by the Arizona Edison Company and was well respected in the community.

There have been two separate proceedings initiated in the Yavapai County Superior Court by the petitioners seeking to adopt their grandson, Charles Malcolm Webb, Jr. Resident Judge, Honorable Richard Lamson, handled the first petition in which an interlocutory order of adoption was entered on September 22, 1939. The [65 Ariz. 178] appellant moved to vacate this interlocutory order and after a hearing thereon, the court on July 25, 1940, entered this order:

"It is ordered that the Motion to Vacate Interlocutory Order of Adoption be granted, the interlocutory proceedings dismissed and the minor child awarded to the mother."

This order effectively terminated this adoption proceeding.

At the same time, according to the record before us, the court not only set aside the former interlocutory order but also modified the divorce decree, which awarded the custody to the father, and gave the custody to the appellant. The child was promptly taken by Mr. and Mrs. Perkins to their ...


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