Marshall v. Beal

Plaintiffs appeal as of right from a circuit court order dismissing their complaint for permanent custody of minor Kristy Nicole Wares. We affirm.

Kristy Nicole Wares was born to defendants Juanita Wares and Rex Beal on October 30, 1982. Although the defendants are unmarried, paternity is not at issue as Beal filed an acknowledgment of paternity in March of 1983. Plaintiff Rita Marshall is Rex Beal’s first cousin and Grady Marshall is Rita’s husband.

Plaintiffs filed this complaint for custody in circuit court on January 31, 1985, alleging that defendants had abandoned Kristy to their care…