Carter v. Carter
1982 OK 123, 653 P.2d 207, 35 A.L.R. 4th 57 (1982)
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Rule of Law:
A parent who temporarily relinquishes custody of a child in good faith for the child's best interest does not need to show a substantial change of circumstances to regain custody; they only need to prove that the temporary condition necessitating the relinquishment has been resolved.
Facts:
- Billie Sue Carter and Ronald G. Carter divorced, and the court awarded custody of their unborn child to Billie Sue.
- After the child was born, Billie Sue moved to Florida for employment, leaving the child with Ronald in Tulsa.
- The child developed a medical condition requiring surgery, prompting Billie Sue to ask Ronald to take temporary custody.
- The parties created a court order, which Billie Sue insisted must include the word 'temporary,' transferring custody to Ronald.
- After the surgery, Billie Sue was prepared to resume full-time care for her daughter and asked Ronald to return the child per their agreement, but he refused.
Procedural Posture:
- Billie Sue Carter (mother) filed a motion in the trial court to modify the temporary custody order and reinstate the terms of the original divorce decree.
- The trial court found the custody change was temporary by agreement and ruled in favor of the mother, ordering custody be returned to her.
- Ronald G. Carter (father), the appellant, appealed the trial court's decision to the Supreme Court of Oklahoma. Billie Sue Carter is the appellee.
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Issue:
Does a court-approved, temporary relinquishment of custody require the relinquishing parent to show a substantial change of circumstances to regain custody?
Opinions:
Majority - Hodges, Justice
No. A parent who, in the best interest of the child, enters into a good faith temporary relinquishment of custody is not required to show a substantial change of condition to regain custody. As a matter of public policy, courts should encourage parents to make temporary arrangements that serve a child's best interest without fear of permanently losing custody. The parent seeking to regain custody only needs to prove that the condition which required the relinquishment has been resolved. An exception may apply if the child becomes totally integrated into the home of the temporary custodian over an appreciable period, but that did not occur in this case due to the short duration and the explicit temporary nature of the agreement.
Analysis:
This decision creates a new legal standard in Oklahoma for modifying temporary custody orders, distinguishing them from permanent custody modifications. It lowers the evidentiary burden for a parent seeking to regain custody after a voluntary, temporary relinquishment, shifting the focus from a 'substantial change of circumstances' to the resolution of the initial problem. This precedent encourages parents to prioritize their child's immediate welfare during periods of instability, such as for health or employment reasons, without risking the permanent loss of their parental rights under a stricter legal standard. It affirms that the 'best interest of the child' can include facilitating the return to the original custodial parent once stability is restored.
