Jane Laraway Miller v. Orrin Towler Miller

The child was born February 7, 1955, after separation of the parents, who were divorced January 4, 1957. The divorce decree, among other provisions, awarded custody of the daughter to the mother and required the appellant to pay the sum of $60 per month for the support of the child and impressed a lien on his funds in the sum of approximately $5,067 in the Prudential Federal Savings & Loan Association to secure payment of the support money. The mother remarried July 26, 1957. The appellant later petitioned for a modification of the divorce decree to eliminate alimony, reduce the amount of support for the minor child, and release the lien on his funds. At the hearing for the modification on February 10, 1958, the court was informed by the attorneys for the parties that an accord had been reached and that the child was to be adopted by the natural mother and her present husband. It was thereupon stipulated that the lien on appellants funds in the Prudential Federal Savings & Loan Association should be released and that the mother should, within five days, pay the sum of $160 to appellant for attorneys fees. Appellant was interrogated by the trial Judge concerning his understanding of the arrangement and his willingness to sign a consent to adoption of his child. Appellant acknowledged that he understood the entire arrangement and that he desired to consent to the adoption. Under oath, appellant affirmed his desire to have the adoption granted, stated that he was acting freely, and signed the consent to adoption in the presence of his counsel and the Judge, as prescribed by statute. The same day a duly verified petition for adoption was filed by the natural mother and her husband seeking the adoption of the minor child. This appeared to be a package deal in which all the issues between the parties resulting from their marriage would be settled forever, a consummation devoutly to be wished. Nine days later the $160 had not been paid, nor had the order releasing the lien on appellants funds been signed, and he filed a notice in the divorce action stating these facts and petitioned the court to set aside his consent for adoption. Hearing on the matter was had on February 24, 1958, and on March 3, 1958, the court made and entered its order denying the motion of appellant to set aside the consent to adoption, the trial court having determined that the best interest and welfare of the child would be subserved by the enforcement of the agreement and the completion of the adoption. In the meantime the $160 had been paid to appellant and the lien released on his funds. Appellant has not offered to return the $160, nor to have the lien re-imposed on the released funds.