Loomis, et al. v. Bugg
| Docket Number: | 2003-CA-00116-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-27-2004 Opinion Author: McMillin, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Child custody - Natural parent - Appointment of guardian ad litem Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
|
| Trial Court: |
Date of Trial Judgment: 10-25-2002 Appealed from: DeSoto County Chancery Court Judge: Percy L. Lynchard, Jr. Disposition: CUSTODY GRANTED TO APPELLEE Case Number: 02-6-875 L |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Michelle Loomis and Terri Forrester |
HELEN KENNEDY ROBINSON |
||
| Appellee: | Angela Bugg | TRACY BUSTER WALSH |
|
|
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. |
|
| Topic: | Child custody - Natural parent - Appointment of guardian ad litem |
| Summary of the Facts: | At the time of the custody hearing in this proceeding, the mother of the child was twenty-three years of age, and the father was deceased. The proceeding was commenced jointly by one of the child’s paternal grandmothers and the deceased father’s sister, Angela Bugg, and sought an award of custody of the child to Mrs. Bugg. The child’s maternal grandmother, Terri Forrester, entered an appearance to assert a claim that if custody were not awarded to the child’s mother, then the next best alternative for the child would be that custody be awarded to her and her husband. The chancellor found that the mother, in her present situation, was not a fit parent to have primary custody of the child and concluded that an award of custody to Mrs. Bugg was appropriate. The mother and Mrs. Forrester appeal. |
| Summary of Opinion Analysis: | Issue 1: Custody The chancellor may remove a child from the custody of a natural parent if the custodial parent is unfit to perform the role of parent. In this case, there was ample evidence that this child’s mother had led an unstable life, including use of illegal narcotics, for an extended period of time and that her attention to the welfare of her child appeared to be of secondary interest to her. Therefore, the chancellor’s decision to award custody to Mrs. Bugg was not an abuse of discretion. The appellants argue that the maternal grandmother had more continuity of care of the child than did the paternal aunt and that the grandmother, being nearer in kinship, should be afforded some preference in the custody award. There is no hard and fast rule that gives preference in a custody dispute such as this to any particular litigant based solely on the degree of kinship. In addition, the chancellor’s concerns regarding the future care of the child if custody was given to the maternal grandmother were not so baseless as to constitute an abuse of discretion. Issue 2: Guardian ad litem The mother and Mrs. Forrester argue that it was reversible error for the chancellor to refuse to appoint a guardian ad litem for the child. Except in cases where there are legitimate issues of abuse or neglect, the appointment of a guardian ad litem remains a matter vested in the sound discretion of the chancellor. Because of the apparently limited assistance a guardian ad litem could have rendered in this case, the chancellor did not abuse his discretion. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
