In Re Marriage Of Carney

24 Cal.3d 725 (1979)

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Nature of the Case

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Facts

William and Ellen were married in 1968. Both were teenagers at that time. Two sons were born and the parties separated shortly thereafter in 1972. W relinquished custody of the children to H by written agreement. H eventually moved to the west coast and began living with a young woman named Lori Rivera, who acted as a stepmother to the boys. H and Lori had a daughter, and Lori proceeded to raise all the children as her own. In 1976, H was injured while serving in the military reserve. H was left a quadriplegic although he had impaired use of his arms and hands. H spent several years in a military hospital and the children visited him. H eventually bought a van with a wheelchair lift and hand controls. In May of 1977, H filed for a dissolution of the marriage to W. W did not once visit her sons or make a contribution to them from 1972-1977. About the only contact that W had with the boys was by telephone, a few letters, and packages. The trial court gave custody of the boys to W and W was allowed to move them back to New York. H appealed.