W.A.S. v. A.L.G., et al.
| Docket Number: | 2005-CA-02313-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 02-15-2007 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Adoption - Termination of parental rights - Section 93-15-103 Judge(s) Concurring: Smith, C.J., Waller, P.J., Diaz, Easley, Dickinson and Randolph, JJ. Non Participating Judge(s): Cobb, P.J. Concurs in Result Only: Graves, J. Procedural History: Bench Trial Nature of the Case: CIVIL - ADOPTION |
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| Trial Court: |
Date of Trial Judgment: 11-08-2005 Appealed from: Leake County Chancery Court Judge: William Joseph Lutz Disposition: The chancery court terminated the parental rights to his minor child in an adoption proceeding. Case Number: 2005-0009 |
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| Party Name: | Attorney Name: | |||
| Appellant: | W.A.S. |
WILLIAM MITCHELL MORAN |
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| Appellee: | A.L.G. and wife, R.L.G. | JAMES E. SMITH, JR. |
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| Topic: | Adoption - Termination of parental rights - Section 93-15-103 |
| Summary of the Facts: | Soon after Wilbur Simpson and Ramona Kimmons began dating, Ramona became pregnant with their child. After their son was born, their relationship soured. Ramona eventually married Alexander Garner who has raised the child as his own son. Ramona and Alexander filed a complaint for adoption. After a trial, the chancellor issued a bench opinion granting the petition terminating Simpson’s parental rights and granting the adoption petition. Simpson appeals. |
| Summary of Opinion Analysis: | Simpson argues that the court did not apply the proper law when it terminated his parental rights, because the court is required to use the “totality of the circumstances” test. Section 93-15-103 sets out the grounds for involuntary termination of parental rights. In order to sever a natural parent’s parental rights, the petitioner must establish by clear and convincing evidence that the objecting parent has either abandoned or deserted the child or is mentally or morally or otherwise unfit to rear or train the child. The court must also consider the best interest of the child. Simpson’s continued absence from his son’s life for a period of at least two years, as testified to by Simpson, not only satisfied by clear and convincing evidence the provisions of section 93-15-103(3)(b), but also section 93-15-103(3)(f). Alexander, a mature man at forty years of age at the time of the trial, has graciously cared for the child as his own son for the past two years. He spends time with him by taking him hunting and fishing and feeds and clothes him. Thus, the chancellor committed no error in the entry of his opinion and final judgment terminating Simpson’s parental rights and permitting Alexander to adopt the child. |
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