K.C. v. M.W., et al.
| Docket Number: | 2011-CA-00188-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-17-2012 Opinion Author: Griffis, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Termination of parental rights - Adoption - Section 93-17-7 - Best interest of child Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
|
| Trial Court: |
Date of Trial Judgment: 01-07-2011 Appealed from: Harrison County Chancery Court Judge: Sanford R. Steckler Disposition: PARENTAL RIGHTS TERMINATED AND ADOPTION GRANTED Case Number: A-6222-A3 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | In the Matter of the Adoption of M.C. and B.C., Minors: K.C. |
E. FOLEY RANSON |
||
| Appellee: | M.W., K.Z. and J.Z. | CHARLIENE ROEMER |
|
|
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: | Termination of parental rights - Adoption - Section 93-17-7 - Best interest of child |
| Summary of the Facts: | Kyle is the biological father of Meghan, born December 18, 2001, and Bethany, born July 15, 2003. Brooke, the children’s mother, and Kyle were never married. In 2005, Brooke left Kyle and the children. From their birth, Meghan and Bethany have occasionally lived with Kyle at the home of his mother, Mae. Mae’s home became the permanent residence for Kyle and the children from December 2005 until December 2007. During this time, Mae was the children’s primary caregiver and provided financially for Kyle and the children. Since 2008, Mae has had physical custody of the children. Early in 2008, Karen and Jack began to assist Mae in the care of the children. Shortly thereafter, Mae filed a complaint in the chancery court to establish a guardianship for Meghan and Bethany. A guardian ad litem was appointed. The chancellor entered a judgment reflecting that Kyle admitted he had used marijuana within four months of the hearing date. Nevertheless, Kyle was awarded unsupervised visitation with his daughters, but he was required to submit a hair follicle for drug testing prior to the visitation. He was also ordered to pay $280 per month in child support. During this guardianship proceeding, Mae, Karen, and Jack filed a complaint that asked that Karen and Jack be appointed co-guardians, along with Mae. The chancellor entered a judgment that appointed Karen and Jack as co-guardians of Meghan and Bethany. In May 2009, the girls began to live with Karen and Jack. They continued to spend time with Mae on the weekends. Kyle would visit his daughters on some of the weekends, when they were at his mother’s home. In 2010, Karen and Jack filed a complaint for adoption. In the complaint, they asked that the parental rights of the children’s parents be terminated. Karen and Jack also requested to be allowed to adopt Meghan and Bethany. The chancellor entered a judgment, which included findings of fact and conclusions of law, that terminated the parental rights of Kyle and granted the adoption of Meghan and Bethany by Karen and Jack. Kyle appeals. |
| Summary of Opinion Analysis: | Kyle argues that the appellees failed to meet their burden of proof. Kyle concedes that he was “less than an ideal parent,” but argues that there was not sufficient evidence to terminate his parental rights and allow the adoption of his children. Section 93-17-7 allows a child to be adopted over the objection of a natural parent in limited circumstances. Whether a person should be permitted to adopt a child is a two-step process. The court must first find that one of the grounds for adoption is present: desertion or abandonment, or moral unfitness. Then, there must be a definite adjudication that the best interest of the child is promoted or enhanced by the proposed adoption. In this case, the chancellor determined that Kyle has largely been unemployed. Kyle was dependent on others to support him and his children financially. Kyle has also relied on others to take care of his children. He has been dependent on medical disability benefits, and he has not had a job or income in over a year. He has also made no significant contribution to the care and support of his children. Kyle has admitted to drug use, and he has tested positive for marijuana throughout his children’s lives and within the time period of these court proceedings. His mother testified to his continued drug use, and his children indicated that he has smoked marijuana around them. His wife also indicated that she is suspicious that Kyle is still doing drugs. This is sufficient evidence to support the chancellor’s finding that Kyle suffers from substance abuse or a chemical dependency, which makes him unwilling or unable to provide an adequate permanent home for his children at the present time or in the reasonable near future. Kyle also admitted that he has done nothing to put himself in a position to take on the full responsibility of his children. The chancellor found that it was in the best interests of the children to allow Karen and Jack to adopt Meghan and Bethany. The chancellor’s decision was based upon the testimony of Mae, the guardian ad litem, Karen, Jack, and another witness who took care of the children. All the witnesses testified that Meghan and Bethany were well loved, well fed, doing well in school, properly clothed, attending church and extracurricular activities, and happy and thriving. The chancellor also found that Karen and Jack were willing to be responsible parents and were in a position to care for the children. The chancellor’s decision was based on substantial credible evidence. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
