In re Darst (117 Ohio App. 374, 1963)

Duffey, P. J.

This is an appeal by Harold J. Darst, father of three minor children, from an order of the Juvenile Court of Franklin County, Ohio, finding the children to be “dependent” under Section 2151.04, Eevised Code, and placing them with their maternal grandmother, Esther Atwood. The proceedings are based on an affidavit signed by Mrs. Atwood.

Mr. Darst’s first wife died at the birth of their third child on November 30, 1952. As the referral officer’s report states, the subsequent arrangements for the care of the children initially arose out of that emergency situation. These arrangements were informal. With Darst’s approval, the baby was taken to the Atwood home and has remained there ever since. From 1952 until late 1954, Darst and the two older children spent substantial time in homes provided by Darst and his mother (the paternal grandmother), and also substantial time with the Atwoods.

In the fall of 1954, Darst went to Texas to attend college, and continued in school or working in that area until late 1958. He corresponded with the children and the Atwoods and occasionally sent things, such as at Christmas. After an engagement to he married fell through in 1958, he quit work in Texas and went to Detroit. He visited the children and the Atwoods around Christmas. In January 1959, he remarried and obtained employment in Columbus. He visited the children with some regularity on week ends during 1959. In the fall of that year, he and his wife decided to move to Texas and did so. He continued in contact with the Atwoods. In the spring of 1961, having previously written, he returned to pick up the children and return them to his Texas home.

As to Mr. Darst personally, the evidence indicates one highly derogatory event which occurred about the time of his wife’s death. No other similar matter is shown over the succeeding ten years. In 1952 Darst was about twenty-five. His general conduct indicates uncertainty as to his objectives, and it can perhaps be said he acted immaturely from the time of his wife’s death until 1958. However, there is no finding by the trial court that his general conduct from 1952 to date rendered him unfit to have custody of the children. He is presently in good physical and mental health.

The relationship between Darst and Mrs. Atwood has been, according to both, very agreeable on practically everything. It is apparent that Darst and the Atwoods shared the support of the children from 1952 until Darst left for Texas in the fall of 1954. From 1954 on, Mrs. Atwood testified that he always sent ‘ ‘ something nice ’ ’ for the children on birthdays and Christmas. But from late 1954 until June of 1956, he provided no funds to the Atwoods. In June of that year, he began sending $15 per week, and in 1958 increased this to $20 per week. This has been paid promptly and regularly ever since. He has also paid a number of miscellaneous bills for shoes, clothing, etc.

Mrs. Atwood testified that neither she nor her husband (now deceased) ever asked for any funds or assistance. Her position seems well summed up in her testimony. “I never complained. * * * I feel that we were able to take care of the girls as well as we did.” “We accepted the matter and we went along with him, and we were glad to try to help Harold in any way that we could.” “We never discussed any money that was sent.” The referral officer’s report states, “she never complained, and he was thankful they could care for the children. ’ ’

The care and condition of the children from the time of the mother’s death to the time of the hearing are well summarized hy the referral officer: