 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Smalley v. Parks6/24/2003
demands that there be strong evidence of an intent, attempt, agreement or a promise to adopt by the intended parent. See Weidner , 928 S.W.2d at 403; Bellinger, 779 S.W.2d at 651-52; Estate of Van Cleave, 610 S.W.2d at 622; Gardner , 924 S.W.2d at 859. Evidence of more than a close stepchild/stepparent relationship is required to meet the highly rigorous standard imposed on one seeking a declaration of equitable adoption. Weidner , 928 S.W.2d at 403.
Friends and close acquaintances of Thelma and Simon testified that Simon referred to Shirley and her children as "our daughter" and "our grandchildren," respectively, and that many in the community never realized until Simon's death that Shirley was not his natural daughter. Appellant's son testified that Thelma once told him that "they were unable to do the adoption, even though they would like to have or wanted to." He also stated that Simon told him "that when they were able to do that [adoption] it was no longer important because of the age of [Appellant]." Appellant's daughter testified that Thelma had told her that she and Simon did not have the financial resources to adopt Appellant until she was an adult herself. She also stated that Simon told her soon after Thelma had died that he had wanted to adopt Appellant but had not been financially able to do so when Appellant was young and that he considered her his daughter.
Appellant testified that her natural father never provided support for her and seldom visited her after she returned to Missouri to live with her mother and Simon. Appellant stated that she retained her natural father's name and never used the name "Parks," although she never felt about her natural father the same way she felt towards Simon. She called Simon "Dad," and her children referred to him as their grandfather. There was testimony that she visited Thelma and Simon frequently and that they visited her and her children, with whom Simon also had a close relationship. A close friend of the family stated that Shirley had been known in the community as "Shirley Parks."
However, Appellant made no claim during her testimony that there had been any promise or agreement for Simon to adopt her at any time, and she provided no testimony describing any expression from Simon of any intent or attempt on his behalf to adopt her. We cannot say that the evidence is consistent only with the existence of an equitable adoption. Here, Appellant has failed to carry her burden of proof. Point denied.
The judgment is affirmed.
|