eBook details
- Title: Application Marilyn Janet Mitchell for a
- Author : Supreme Court of Idaho No. 12327
- Release Date : January 01, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Marilyn Mitchell (petitioner-appellant), an unmarried woman, gave birth to Christopher Mitchell on November 30, 1971 in La Mesa, California. Unsure if she wanted the baby, she signed a release allowing Lois Pincock (defendant-respondent) and her husband to take Christopher home from the hospital. About three months later, the Pincocks wanted to adopt Christopher, but Mitchell refused her consent. She demanded the baby be returned and the Pincocks instituted guardianship proceedings in California Superior Court. Legal proceedings have been continuous ever since. The Superior Court of California initially granted the guardianship petition of the Pincocks on August 11, 1972. Mitchell appealed this order to the California Court of Appeals who reversed the lower court order. Basically, the appellate court held that California law requires a finding of detriment to the child to overcome a presumption in favor of a natural parent for guardianship purposes. Also the court found the evidence received by the trial court could not legally comprise a finding of detriment to the child.