(Download) "Melba E. Shepler v. Edward R. Shepler" by St. Louis District Missouri Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Melba E. Shepler v. Edward R. Shepler
- Author : St. Louis District Missouri Court of Appeals
- Release Date : January 18, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Melba Shepler was divorced from the appellant, Edward R. Shepler, in 1955. In that action she was awarded custody of Terry
Rae Shepler and Kevin Lee Shepler, and was also awarded the sum of $100 a month for their support. On July 24, 1960, Melba
Shepler drowned. The children were taken to the home of their father's sister and stayed with her until after their mother's
funeral, and then were taken to the home of their maternal grandparents, the respondents. Upon being informed of the mother's
death, appellant stated he would come to see about getting the children. On July 28, 1960, respondents filed their "Petition
for Custody" in the circuit court, in which they alleged that they were the maternal grandparents of the children who, at
the date of filing, were nine and five years of age; that the children were now residing with them; that the decree of divorce
had awarded custody of the children to the deceased mother; that the appellant lived in Phoenix, Arizona, and because of the
nature of his work has to change his domicile and residence frequently; that since the date of the divorce in 1955 the appellant
had visited the children "infrequently" and had never had the children stay with him overnight; and that while he had made
occasional gifts of toys and clothing, on Christmas and birthdays, he had failed to pay to their mother the support money
awarded. The petition further alleged the financial and moral responsibility of the respondents, and prayed the court to enter
an order giving temporary custody of the children to the respondents pending a hearing on the petition, to determine whether
or not they could be awarded permanent custody of the children. On that same day a hearing was held in the Juvenile Division of the trial court, and temporary custody of the children was
awarded to the petitioners. The cause was continued until September 6, for the hearing on the award for permanent custody.
On September 6, 1960, the appellant filed his motion to modify the original divorce decree by which he alleged that he and
his present wife had no children and desired to rear, educate and care for these two children by his former marriage. The
motion to modify further alleged the good moral character and financial ability of the father to care for the children; that
he and his wife would see that the children received love and affection and were given moral and religious training and provided
with the necessary food, clothing and medical care. The appellant also alleged that under the law of Missouri he had the right
to the custody of his children as the only surviving parent against the entire world, and he moved the court to modify the
decree of divorce with respect to the provision made therein for the custody of the children and to award their custody to
him. The judgment that was entered on September 15, 1960, recites that by agreement of counsel the motion to modify the divorce
decree and the petition for hearing on the petition for permanent custody filed by the respondents "* * * are consolidated
for trial * * *." The judgment entered by the trial court was that the petition to modify the decree of divorce with respect
to the custody of the children was denied and the temporary award of custody to the respondents on their petition for custody
filed in the Juvenile Division of the court was made permanent. The appellant filed a motion for new trial in each case, and
upon those motions being overruled filed his notice of appeal and brings the case to us.