In Re Petition of Smith for Adoption of Wells
| Docket Number: | 2009-CA-01955-COA Linked Case(s): 2009-CA-01955-COA ; 2009-CT-01955-SCT ; 2009-CT-01955-SCT ; 2009-CT-01955-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-31-2011 Opinion Author: Irving, P.J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Child custody - Doctrine of in loco parentis - Natural-parent presumption Judge(s) Concurring: Lee, C.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Rusell, J. Dissenting Author : Griffis, P.J., With Separate Written Opinion Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 10-30-2009 Appealed from: Tippah County Chancery Court Judge: Glenn Alderson Disposition: Transferred Custody of a Minor Child from the Natural Mother to Third Parties Based on the Doctrine of Loco Parentis Case Number: 2008-160-A |
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| Party Name: | Attorney Name: | |||
| Appellant: | In the Matter of the Petition of William Smith and Wife Sarah Smith for the Adoption of Jason Wells, a Minor Child: Tara Wells |
JOHN D. WEDDLE |
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| Appellee: | William Smith and Sarah Smith | JOE M. DAVIS |
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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: | Child custody - Doctrine of in loco parentis - Natural-parent presumption |
| Summary of the Facts: | William and Sarah Smith filed a petition for temporary and permanent custody of their grandson. They later filed a petition for adoption and termination of the parental rights of Tara Wells and Robert Johnson, their grandson’s natural parents. The chancery court declined to terminate Tara and Robert’s parental rights. However, the court found that the child’s best interest would be served by granting the Smiths primary custody of him. Tara was granted visitation rights. Tara appeals. |
| Summary of Opinion Analysis: | Tara argues that the chancery court erred in relying on the doctrine of in loco parentis to grant custody to the Smiths and overcome the natural-parent presumption. There is no case law to support the notion that the doctrine may be used to overcome the natural-parent presumption. Therefore, the chancellor should not have relied on this doctrine to overcome the presumption. The primary determination in every custody case should be what is in the best interest of the child at the heart of the case. This case should be remanded to the chancery court to determine whether Tara deserted her son, thus relinquishing her right to the natural-parent presumption. |
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