Shirley Smith, 14, and her brother Donald Smith, 11, were "abandoned" after their mother, Betty Alice Phillips, and father, Melvin D. Smith, both declared that they were unable to care for the children. The father, Mr. Smith, stated that he was re-married and had three children from his second wife. He asked to be relieved of custody because the two sets of children did not get along. Mrs. Phillips asked to be relieved of custody because she was in the process of divorcing her second husband and did not have a home to provide the children. Ultimately, Mrs. Phillips secured a home from her estranged husband and agreed to keep custody of the children. Superior Judge Fred Miller awarded custody to Mrs. Phillips.
