Alabama Court Case: GRAVES v. GRAVES

Clyde E. GRAVES, Sr. and Joyce B. Graves v. Peggy Rector GRAVES Civ. No. 262

Court of Civil Appeals of Alabama 51 Ala. App. 601; 288 So. 2d 142

December 26, 1973

Affirmed.

COUNSEL:

Charles S. Street, Mobile, for appellants. A parent who has freely and knowingly consented to the adoption of his or her child cannot, after the consent has been acted upon by the adoptive parents by bringing adoption proceedings, withdraw that consent arbitrarily or as of right. Williams v. Pope, 281 Ala. 416, 203 So.2d 271; 2 Am.Jur.2d Adoption, Sec. 46, P. 897. A consent to adoption once given by a parent may not be revoked after the child has been placed in the possession of the adoptive parents except for legal cause shown, as where such consent was procured through fraud, undue influence, coercion or other improper methods. Williams v. Pope, supra; Code of Alabama, 1940, as recompiled and amended, T. 27, Section 4. Joseph J. Boswell, Mobile, for appellee. A consent to adopt once given may not be revoked except for legal cause shown as where such consent was procured by undue influence, coercion, fraud or other improper methods provided always, however, that the Court may permit said revocation where, upon hearing, it is shown that it will be for the best interest of the child that it be returned to it's natural parent. Williams v. Pope, 281 Ala. 416, 203 So.2d 271. It is a presumption of law that children of very tender years will be presumed to fare better in the care of the mother. McLellan v. McLellan, 220 Ala. 376, 125 So. 225; Davis v. Davis, 255 Ala. 488, 51 So.2d 876. Where testimony is taken orally before the court and is in conflict, a finding thereon by the court has the weight and effect of a jury's verdict and will not be disturbed on appeal unless plainly wrong or against the great preponderance of the evidence. Eddleman v. Cade, 261 Ala. 154, 73 So.2d 362; Spruiell v. Stanford, 258 Ala. 212, 61 So.2d 758; Tyra v. Burns, 279 Ala. 84, 181 So.2d 899.

JUDGES:

Holmes, Judge. Wright, P. J., and Bradley, J., concur.

OPINIONBY: HOLMES

OPINION:

This is an appeal from a decree of the Probate Court of Mobile County allowing the appellee to withdraw her previously given written consent for the adoption of her child and revoking a prior interlocutory order of adoption issued in favor of the appellants. At the outset, it is necessary that we note there is no record before this court of the testimony heard ore tenus by the trial court. However, there is a detailed finding of fact by the court and, from this, the following is revealed. The appellee, natural mother, married at fifteen years of age. Thereafter, in January 1972, when appellee was approximately seventeen years of age, a child was born of the union. In October of 1972, appellee and her husband separated. An agreed divorce was granted with the father, pursuant to the agreement entered into by the parties, being granted custody. On the same day as the aforesaid agreement was entered into, appellee signed a consent form for the natural paternal grandparents to adopt the child. The record indicates that in January of 1973, the appellants, the natural paternal grandparents, filed a petition for adoption and, after appropriate legal process, the court issued an interlocutory decree of adoption. Within the period of time before the final order of adoption could be granted, see Code of Ala., Tit. 27, § 4, the appellee filed her petition to withdraw her consent and revoke the interlocutory order.

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