A.D.R. v. J.L.H.
| Docket Number: | 2007-CA-00702-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 11-06-2008 Opinion Author: Graves, J. Holding: ON DIRECT APPEAL: REVERSED AND REMANDED; ON CROSS-APPEAL: VACATED AND REMANDED |
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| Additional Case Information: |
Topic: Custody - Consent to adoption Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Lamar, J. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 04-03-2007 Appealed from: Jackson County Chancery Court Judge: D. Neil Harris Disposition: The Chancellor granted the guardian ad litem's motion to dismiss the natural mother's complaint for child custody for lack of standing. The natural mother had previously agreed to have her child adopted by a couple. The adoption was denied and temporary custody was granted to the natural father. Case Number: 2006-2226PW |
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| Party Name: | Attorney Name: | |||
| Appellant: | A.D.R. |
G. CHARLES BORDIS, IV |
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| Appellee: | J.L.H. | DONALD P. SIGALAS |
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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: | Custody - Consent to adoption |
| Summary of the Facts: | The natural mother previously had agreed to have her child adopted by a couple. The adoption was denied and temporary custody was granted to the natural father. The mother then sought custody of her child in chancery court. A guardian ad litem was appointed and moved to dismiss the mother’s complaint for lack of standing. The chancery court granted the motion, and the mother appeals. |
| Summary of Opinion Analysis: | The mother argues that the Consent to Adoption only constitutes consent to have the couple adopt her child and not consent for anyone else to gain custody of her child. While prior cases have held that the natural parent or parents could not revoke their consent to the adoptions to which they had previously agreed, the plain meaning of the Consent to Adoption in this case is not to terminate the mother’s parental rights generally or absolutely. The document terminates her rights to the extent necessary to have the couple adopt her child. Thus, by signing the Consent to Adoption, she was only consenting to the adoption of her child by the couple and terminating her parental rights as against them. Where a parent agrees for specific individuals to adopt her child, the adoption fails, and then the parent seeks to regain custody of the child, the policy underlying the relevant Mississippi law is not furthered by preventing the parent from even contesting the custody of her child. This is not to say that the mother should necessarily be granted custody of the child, but she should at least be given the opportunity to contest custody of the child. She is entitled to have the chancery court decide the merits of the custody dispute because she has standing. On cross-appeal, the father challenges the chancellor’s assessment of the guardian ad litem fees to him. Because the case is remanded for proceedings on the merits, the chancellor’s assessment of fees is vacated and remanded. |
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