Adams v. Johnson
| Docket Number: | 2009-CA-00803-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-27-2010 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Child custody - Legal standard - Material change in circumstances Judge(s) Concurring: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Concurs in Result Only: King, C.J., without separate written opinion. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 04-17-2009 Appealed from: Copiah County Chancery Court Judge: Ed Patten Disposition: DECLINED TO TRANSFER CUSTODY TO NATURAL PARENT Case Number: 2000-424 |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Effie Darlene Adams (Sofikitis) |
JAMES B. SYKES III |
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| Appellee: | Mitchell Steven Johnson and Karen Elizabeth Johnson | DAVID L. MORROW JR., JOHN R. ELLIOTT JR., BRENDAN C. SARTIN, LINDSEY A. HILL | ||
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: | Child custody - Legal standard - Material change in circumstances |
| Summary of the Facts: | In 2007 custody of Sarah and Jane Smith was given to John and Cynthia Smith, the children’s paternal grandparents. The Smiths were awarded custody against the wishes of Kristin Thompson, the children’s natural mother. In 2008, Thompson filed a motion requesting that custody of the children be returned to her. The court denied the motion, and Thompson appeals. |
| Summary of Opinion Analysis: | The only question on appeal concerns the proper legal standard that should have been applied in ruling on Thompson’s motion to modify custody. Once a third party has been granted custody over a natural parent due to the natural parent’s unfitness to rear a child, what standard applies if and when the natural parent attempts to regain custody of the child? Thompson argues that the natural-parent presumption should apply. Even though DHS was not actually involved in this case, Thompson’s standing is exactly the same as a natural parent whose parenting draws the attention of the DHS. Thompson could only regain custody of her children by showing that there was a material change in circumstances in the Smiths’ home that adversely affected the children. Thompson has made no allegation that the chancellor overlooked such a change; rather, her sole contention is that the chancellor should have presumed that custody should be placed with Thompson as a natural parent. Thus, the judgment of the chancery court is affirmed. |
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