Givens v. Nicholson
| Docket Number: | 2002-CA-01582-COA Linked Case(s): 2002-CA-01582-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2004 Opinion Author: Lee, J. Holding: AFFIRMED IN PART; REVERSED AND RENDERED IN PART |
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| Additional Case Information: |
Topic: Modification of visitation - Grandparents’ visitation Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Myers, Chandler and Griffis, JJ. Dissenting Author : Irving, J. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 08-19-2002 Appealed from: Union County Chancery Court Judge: John C. Ross, Jr. Disposition: MODIFICATION TO INCREASE APPELLEE’S VISITATION RIGHTS, INCLUDING ONE WEEKEND PER MONTH TO PATERNAL GRANDPARENTS. Case Number: 2001-362 |
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| Note: | On Motion for Rehearing | |
| Party Name: | Attorney Name: | |||
| Appellant: | Catherine Givens |
DEEDY BOLAND |
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| Appellee: | Todd Nicholson | PRO SE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Modification of visitation - Grandparents’ visitation |
| Summary of the Facts: | The motion for rehearing is granted, and this opinion is substituted for the original opinion. Todd Nicholson filed a petition for modification of child custody, and Catherine Givens filed a counter-complaint for an increase in child support. The chancellor denied both motions. However, the chancellor modified visitation and ordered that the couple’s child be delivered to his paternal grandparents’ home in Memphis, Tennessee the second Friday of each month, so that Nicholson would have a definite monthly visitation period to see the child, whether or not he is able to travel to Memphis from his residence in Connecticut. Givens appeals. |
| Summary of Opinion Analysis: | Givens argues that the chancellor granted the grandparents visitation. The effect of the chancellor's ruling is that on the second Friday of each month, Givens must transport her son to the paternal grandparents' house in Memphis regardless of Nicholson's ability to join his family in Memphis. Visitation rights afford the non-custodial parent the opportunity to maintain a healthy relationship with his or her child. Requiring Givens to relinquish the care, physical custody and control of her child to the grandparents for a period of time is nothing less than visitation. Although a grandparent has standing to petition for visitation, a natural grandparent's statutory right to visit her grandchild is not as comprehensive as a parent's visitation rights. In this case, the grandparents did not petition the court for visitation as provided for in section 93-16-3. In addition, there was no testimony regarding the grandparents' fitness, character, home life, emotional ties to the child, employment or even their desire to care for the child in the event Nicholson is unable to make the monthly trek to Memphis. Therefore, the chancellor erred in granting visitation to the grandparents. |
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